The Washington times., 1924-09-10
III OF FRANKS SLAYERS SAVES THEM FROM THE SCAFFOLD
Full Text Of Judges
Decision in Case

ers. can he find any mitigating
circumstances.
For both the crimes of MUIR
der and kidnapping for ransom,
the law prescribes different pun.
ishments in the alternative.
For the crime of murder, the
statute declares: Whoever is
guilty Of murder, sLall suffer
the punishment OF death, or i'm
prisonment in the penitentiary
for his natural life, or for a
term not less than fourteen years.
II the accused Is found guilty
by a jury, they shall gix the
punishment by their virdict; upon
a plea of guilty, the punishment
shall be fixed by the court
For the crime of kidnauinx
for ransom the statute reads:
Whoever is guilty of kid
mapping for ransom shall suffer
death, or be punished by inn
prisonment in the penitentiary
for life, or any term not less
than five years
Accepts Responsibility.
Under the plea Of guilty, the
duty of determining the punish
ment devolves upon the court
and the law indicates no rule or
policy for the guidance of his
action. On reaching his decision
the court would have welcomed
the counsel and support OF 9TH
ers. In some States the legis-
lature In Its wisdom has provided
for a bench of three judges to
determine the penalty In cases
such as this. Nevertheless, the
court is willing to meet his re-
probabilities.
1t would have been the path
OF least resistance to impose the
extreme penalty of the law. In
choosing Imprisonment instead of
death, the court is moved chiefly
by the confederation of the age
of the defendants, boys of eieh.
teen and nineteen years. 1t is
not for the court to say that
he viii not in any case enforce
capital punishment as an aIternar
i've, but the court believes that
It Is within his province to de.
cline to impose the sentence Of
death on persons who are not of
full age.
This determination appears to
De in accordance with the nroc-
ress or criminal law all over the
world and with the dictates Of
enlightened humanity. More than
tnat' It seems to be in accordance
with the precedents hitherto OH
served in this State. The records
OF Illinois show only two cases
or minors who were put to death
by legal process-to which mum.
Der the court does not feel in.
cIined to make an addition.
Life imprisonment may not.
at the moment, strike the public
imagination as forcibly as would
death by hanging; but to the Of
tenders, particularly of the type
they are, the prolonged suffering
OF years OF confinement may well
be the severer form of retrtbu-
ton and expiation.
The court feels 1t proper to
add a final word, concerning the
effect Of the parole law upon the
punishment of these defendants.
In the case of such atrocious
crimes, 1t is entirely within the
discretion of the department of
public welfare, never to admit
these defendants to parole. To
such policy the court urges
them strictly to adhere. II this
course is persevered in, the pun
ishment Of these defendants will
both satisfy the ends of justice
and safeguard the interests of
society.
II therefore sentence you,
Nathan F.. Leopold, jr., to the
State penitentiary at Joliet for
the remainder Of your natural
life for the crime Of murder and
to the same penitentiary for a
term of ninety.nine years for
the crime of kidnapping for, ran
som.
"And sentence you, Richard
A. Loeb, to the State penitentiary
at Joliet for the remainder of
your natural life for the crime
Of murder and to the came peni-
Tertiary for ninety-nine years for
the crime of Kidnapping for ran
SON."