The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1924-06-12
LAWYERS DISCUSS
MURDER CASE
Attorneys Give Views on
Angles in Leopold and
Loeb Trials.
NEVER MET THE LIKE
r. v. Baker, Roy Stephenson
r. V. Baker, Roy Stephenson
and Others Consider
Strange Murder Case.

educated millionaire youths, has IN
terested the legal minds of this city
as well as lawyers from coast to coast.
Judge R. v. Baker, who has the repu-
tation of being one of the best in
formed criminal lawyers of this sec
ton, said this morning that he had
never heard of case parallel with
this one.
ct is a case of extraordinary inter-
est" said Judge Baker. Il read every
word of it, seeking to fathom the
springs of conduct which have given
rise to this strange crime, and | am
interested of course in the legal bat
tie which is now centering about
young Leopold and young Loeb. If IL
were possible, l should like to sit
through every day of the trial.
Insanity Must be Defense.
assuming the facts to be as given,
that is taking them as literally as they
appear in the newspapers, one may
arrive at a conclusion of how the
crime was committed, since this story
is corroborated by evidence found sub
sequent to the alleged admissions.
"The only defense that can be put
up in such a case, no matter what the
impelling cause to the crime, in this
case was, must be based upon their
mental condition. If the facts are
true as they have been stated, it would
clearly appear that these youths are
responsible for the deed.
However, a person committing a
crime must have the ability to dis
tinguish between right and wrong and
the ability to choose. That is the
ability to control his impulses. These
boys from their training and educa-
ton must have known that their con-
duct was wrong, that it was punish
able by law and that they themselves
would be placed in jeopardy and per-
haps hung for wantonly killing an
other. What were the impulses that
rose in their perverted minds that in
terfered and over-rode this knowledge.
Hard Case for Defense.
every lawyer feels that an accused
person is entitled to trial and fair
trial, but this case certainly must
present a colossal problem for the
defense. The civilized human being
can feel that it may be that in some
strange way these two youths were
the result Of perversion for which
they were no more responsible than
the recognized insane person, and yet
feel that it is necessary to crush out
such types just as one steps on a
centipede or cockroach who are not
responsible for their appearance on
the earth.
"But the law provides a protection
for the accused Astounded and hor-
rified as we all are at this crime, it is
impossible to deal with the accused
persons as with the malign insects
that we crush. These two must be
given a trial and fair trial.
at is perhaps folly to comment on
such case, but | can see no hope
for the defense. The utmost they scan
hope for, always assuming that the
facts are as given and insisting that
l do not know the facts at first hand,
is to save Leopold and Loeb from
the gallows."
Most Dastardly Crime.
Attorney A. L. Drury would not COM
ment much upon the case, declaring
it to be from what he had read, "the
most dastardly crime he had ever
heard Of"
"The insanity plea of the defense is
the only one that can be advanced"
said Mr.. Drury, "supposing the facts
to be as stated. Of course, l have
had too much experience to pass on
any case before it has reached con-
clusion in the courts, or to make any
comment as to the guilt or innocence
of the defendants. AS to the crime it
self there can be no two ways of think
ing, as it was a most dastardly crime.
"In the insanity defense, it is neces-
sary to show that the person has not
sufficient ability to distinguish be-
tween right and wrong, OF that he
cannot comprehend the nature and
consequence of an act. This is so in
Wisconsin, and l think defines in
sanity in crime in Illinois. How the
defense will endeavor to get around
this, with these precocious youths
before the bar of justice, it will be
interesting to see."
Attorney Walter Hammond believed
that the case illustrated the I'M
fortunate lack Of balance that obtains
most often with mental precocity.
"But this does not necessarily mean
that they are insane" he added.