New Britain herald., 1924-09-10
THEIR YOUTH SAVES LOEB AND LEOPOLD
.CaYsrly Explains His Decision,
 Adding Word Against Parole
Ry The Assoclated press.

By The Associated Press.
 Chicago, Sept. 10.-The full text of Judge John R, Cayerly's decision in the Franks case follows: Tn view of the profound and unusual interest that this case has aroused, not only in this community but in the entire country and even beyond it's boundaries, the court feels it his duty to state the reasons which have led him to the determination he has reached.
 Tt is not an uncommon thing that pleas of guilty are entered in criminal cases, but almost without exception In the past, such pleas have been the result of a virtual agreement between the defendant and the states attorney. whereby, in consideration of the plea, the states attorney consents to recom- mend to the court sentence deemed appropriate by him, and. in the absence of special reasons to the contrary, 1t is the practice of the court to follow such recom- mendations.
 Plea Without Understanding.
 Tn the present case, the situation is different one A plea of guilty has been entered by the defense without a previous understanding with the prosecution and without any Knowledge whatever on Its part. Moreover. the plea of guilty did not in this particular case, as it usually does. render the task of the prose- cution easier by substituting admis- sion of guilt for possibly difficult and uncertain chain of proof. Here the state was in possession, not only of the essential, substantiating facts, but also of voluntary confessions on the part of the defendants. The plea of guilty, therefore, does not make a special case in favor of the defendants.
 Since both of the cases, that, namely of murder end that of kid mapping for ransoJn, were of d character which invested the court with discretion as to the extent of the psnishmcn:, it hccame his duty under the statute to examine wit nesses as to the aggravation and mitigation ot the offense. This duty has been fully met. By con- sent of counsel for the state and for the defen1ants the testimony in the .muric.. case has been &C., cepted as equally applicable to the case of Kidnapping fer ransom. In addition a prima facie case was made out fur the kidnapping case as well.
 "The testimony introduced, both by the prosecution and the de- fcnse, has been ss detailed and elaborate as though the case had been tried before a jury. It has been given the widest publicity, and the public is so fully familiar with all its phases that it would serve no useful purpose to restate or analyze the evidence.
 By pleading guilty, the defen- dants have admitted legal responsi- bility for their acts. The testimony has satisfied the court that the case Is now one in which it would have heen possible to set up unsuccess- fully the defense of insanity as in- sanity is defined and understood by the established law of this state for the purpose of the administration of criminal justice.
 Calls Defendants Abnormal
 "The court, however, feels im- pelled to dwell briefly on the mass of data produced as to the physi- cal, mental and moral condition of the two defendants. They have been shown in essential respects to be abnormal; had they been normal they would not have committed the crime. It is beyond the province of this court, as it Is beyond, the capacity of human science in it's present state of development, to predicate ultimate responsibility for human acts.
 "At the same time, the court is willing to recognize that the. care- ful analysis made of the life his