The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1924-09-11

ransom shall suffer DEATH or punish
ment by Imprisonment in the peniten-
tiary for life or not less than five
years."
Accepts the Responsibility.
Under the plea Of guilty the duty
Of determining the punishment de-
wolves upon the court and the law
indicates no rule or policy for the
guidance of his discretion. In reach
| ing his decision, the court would have
welcomed the counsel and support of
others. In some states the legisla-
ture in its wisdom has provided for
bench of three judges to determine
the penalty in cases such as this.
Nevertheless, the court, is willing to
meet his responsibility. 1t would have
been the path of least resistance to
impose the extreme penalty. In i'm
posing life imprisonment instead Of
death the court is moved chiefly by the
consideration of the age of the defen-
dants, boys of IS and 10 years. 1t is
not for the court to say that he will
not in any case enforce capital punish
meht as an alternative, but the court
believes that it is within his pro-
vince to decline to impose the sent
ence of death on persons who are
not of full age.
This determination appears to be in
accordance with tho progress of Grim
inal inv oil oyer the world and with
the dictates OF enlightened humanity.
More than that. II seems to be in ac-
cordance with tho presidents hitherto
observed in tkis STATS. The records
Of Illinois show only two cases Of
minors who ws-n pu- to death by
legal process--to whien number The
court does not feel incli1ded to make
an addition.
Life imprisonmsAt may not, At the
moment, strike tho public imagination
Us Ierc!bly rs would death by hanging,
but to the offenders, particularly OF
the type they are, the prolonged suf-
fering of years Of confinement may
we'll be the severer form of retri5I
ton and expiration.
The court f2e.s it proper to add a
final word concerning the effect of he
parole iaw Upon the punishment %
these defendants. In the case IF snch
atrocicus crimes, it is entirely witain
the discretion of the department Of
public welfare never to admit these
defendants to parole. To such policy
the court urges them strictly to adj
here. If this course is persevered in,
the punishment of these defendants
will both satisfy the ends of JUS
tice and safeguard the interests of
society.
In No. 33,623 indictment for muir
der, the sentence of the court is that
you, Nathan F. Leopold, Jr., be con-
fined in the penitentiary at Joliet for
the term of your natural life. The
court finds that your age is 10.
In No. 1882, indictment for muir
der, the sentence of the court is that
you, Richard Loeb, be confined in the
penitentiary at Joliet for the term
of your natural life. The court finds
your age is is.
In 33,624, kidnapping for ransom, it
is the sentence of the court that you,
Nathan f. Leopold, Jr., be confined
in the penitentiary at Joliet for the
term Of 80 years. The court finds
your age at 10.
In 33,624, kidnapping for ransom, it
is the sentence of the court that you,
Richard Loeb, be confined in the peni-
tertiary at Joliet for the term of
80 years.
The clerk will distribute to the
newspaper men copies of the opinion,
to those who want them. The sheriff
may retire with the prisoners.