Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1924-08-20
NOTHING less
7 HAN DEATH, /
I'LL uuH III
STATES PLEA
For Punishment for Leopold
and Loeb for Murder Of /
Franks Boy l
TWO OF HIGHEST CRIMES
Demand Is Made Before Judge
Caverly as Chicago Trial
NearS End

CHICAGO. Aug. 20 (By The Asses
ciated Press) Two of the three e
high crimes for which Illinois pros
vides the death penalty--murderJ
rape and kidnaping-were commits
ted by Nathan Leopold, Jr., and
Richard Loeb, in manner justify
ing nothing less than death on the
gallows, Thomas Marshall, assistant
states attorney, told Judge John r.
Caverly today.
He urged the extreme penalty In
an argument based upon the phrase
ology of the Illinois laws and the
formal charges connected with the
kidnapping and murder of Robert
Franks to which the defendanN
have pleaded guilty.
Judge Caverly opened q book -
| law and followed the text ~ Ax1
Marshall read the phrases Qenu!y
murder and kidnapimE - cap1t4I
crimes in this stGfa & fis 6iil!zl =
'shall suffer the penalty of death.ss =
was always brought out In a vofco
| raised in tone and emphatic In IT.
deliberateness.
The defendants gave no visible
signs that the phrase death penal
ty" had been heard by them. They
seemed more interested in the notes
being made by Clarence s. Darrow
and his associate counsel for the de-
fense.
The attorney ridiculed the defense
attempt to show mitigation of pun
ishment by the testimony of mental
experts.
mo philosophy is an excuse for
crime" was Mr.. Marshalls text on
that point and he worked 1t out by
u IoJex \
and Loeb's belief in their own pow
ers and the philosophers of anar-
chists, communists and Mormons.
who were convicted of violating the
law despite reliance upon their be-
liefs as justification for their acts.
The assistant prosecutor started
with a reference to defense testi-
mony that Leopold considered him-
self a superman.
$50 did the Chicago anarchists OF
thirty-five years ago consider them-
selves supermen," said Mr.. Marshall.
''They sought to destroy the law with
dynamite. These men would destroy
1t by other means, but on similar
philosophical grounds"
He read from the records OF the
Haymarket riot trials and drew a.
parallel between speeches by par
sons, spies and their associates. and
the ideas of the defendants.
"The philosophy here is that tho
law has no application" said Mr.
Marshall. 1.-THE anarchists were ex-
ecuted by the law that they damneds
not for their philosophy but for
their violation of law"
Mr.. Marshall in a similar vein dis
cussed the more recent communist
cases in which the millionaire Lloyd
was the central figure.
Upon what theory can It be said
that the views of Leopold and Loeb
since they did not protect him from
the consequences of his act, can be
urged in mitigation of his crime?s
asked Mr. Marshall.
The findings of the supreme court
OF the United States in the polygamy
cases against Mormon leaders were
referred to as another instance In
which philosophy was disregarded
by the courts as a mitigation.
when Leopold, Jr., put his views
into action and committed murder,
he went beyond the pale of rightfuI
philosophy and 1t is for the overt act
itself that he Is to be punished" de-
clared Mr. Marshall.
81 have shown your honor that
within the law those defendants are
responsible. that their beliefs may
not be urged as mitigation of the
offense, and that the Judgment must
be based upon the turpitude of the
crime" continued Mr.. Marshall.
He then turned to the definitions
of murder in the Illinois statutes to
show that the crime against young
Franks came within those laws.
There was. he urged. no element of
"justifiable homicide" present to
warrant any punishment short of
the penalty of DEATH"