Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-09-11
COMPLETE TEXT
OF JUDGE CAVERLYS
DECISION IN CASE
Continued From Page /. J

but is not thereby rendered less
inhunan or repulsive. 1t was de-
Hberately planned and prepared
for during a considerable period
of time. 1t was executed with
every feature of callOusness and
cruelty.
And here the court will say,
not for the purpose of eXtenuat.
ing guilt, but merely with the
object of dispelling a misappre-
hension that appears to have
found Judgment in the public
mind, that he is convinced y
conclusive evidence that there
was no abuse offered to the body
of the victim. But it did not need
that element to make the crime
abhorrent to every instinct Of
humanity, and the court is salts.
fed that neither in the act itself,
nor in its motive or lack of mo-
tive, nor in the antecedents Of
the offenders. can he find any
mitigating circumstances.
Cites Penal Statute
For both the crimes of murder
and of kidnapping for ransom, the
law prescribes different punish
ments in the alternative.
For the crime of murder, the
statute declares:
Whoever is guilty of murder.
shall suffer the punishment of
death, or imprisonment in the
penitentiary for his natural life,
or for a term not less than four
teen years.
IF the accused is found guilty
by a jury, they shah fix the pun
ishment by their verdict; upon q.
plea of guilty, the punishment
shall be fixed by the court
For the crime of kidnapping for
ransom, the statute reads:
whoever is guilty of kidnap-
ing for ransom shall suffer
death, or be punished by impris-
onment in the penitentiary for
lie, or any term not less than
five years"
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
discretion. In reaching his deci.
sion, the court would have well
coined the counsel and support
of others. In some states the
legislature in it's wisdom has pro-
Vided for a bench of three judges
to determine the penalty in cases
such as this. Nevertheless, the
court is willing to meet his re-
spOnsibilities. II would have
been the path of least resistance
to impose the extreme penalty
Of the law. In choosing impris-
onment instead of death, the
court is moved chiefly by the
consideration OF the age of the
defenr ints, boys of eighteen and
nineteen years. 1t is not for the
court to say that he will not in
any case enforce capital punish
ment as an alternative, but the
court believes that it is within
his province to decline to i'm
pose the sentence of death on
persons who are not of full age.
Prison a Severe Penalty
This determination appears to
be in accordance with the prog
ress of criminal law all over the
world and with the dictates of
enlightened humanity. More
than that, it seems to be in ac-
cOrdance with the precedents
hitherto observed in this state.
The records of Illinois show only
two cases of minors who were
put to death by legal process-to
which number the court does
not fel inclined to make an adj
dition.
Life Imprisonment may not, at
the moment. strike the public
imagination as forcibly as would
death by hanging; but to the
offenders, particularly of the
type they are, the prolonged suf-
fering Of years of confinement
may well be the scVerer form OF
retribution and expiration.
The court feels it proper to
add final word concerning the
effect of the parole law upon the
punishment of these defendants.
In the case of such atrOcious
crimes. il is entirely within the
discretion of the department of
public welfare, never to admit
these defendants to parole. To
such a policy, the court urges
them strictly to adhere. If this
course is persevered in, the pun
iShment Of these defendants will
Both satisfy the ends of justice
and safeguard the interests Of
society.
In number S3,623. Indictment
for murder the sentence of the
court IS that you. Nathan +.
Leopold. Jr., be confined in the
penltentiary at Joliet for the
term of your natural life. The
court finds that your age is 10.
In number 3,623. Indictment
for murder. 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 o5,6Z4, kidnapping for ran
som. it is the sentence of the
court that YOU, Nathan F.
Leopold, Jr.. be confined in the
penitentiary at Joliet for the
term of 90 years. The court
finds your age as 10.
In 1854, kidnapping for ran
som, the sentence of the court
Is that YOU. Richard, Loeb, he
confined in the penitentiarv at
.Inlihf fnt, L. 49,, = 90