Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-09-11

CRIMINAL COURT BUILDING.
CHICAGO, Sept. 10.-(By the Assoc
Ciated Press. )-Sentence of life i'm.
prisonment for the murder of four
teen-year-old Robert Franks and of
ninety-nine years Imprisonment for
kidnapping the boy, were melted out
today to Nathan F. Leopold, Jr., and
Richard Loeb by Judge John r. Cav
erly The youth of the defendants.
eighteen and nineteen years, was all
that saved them from the moose.
ut would have been the path of
least resistance to impose the ex-
treme penalty of the law said the
gray-haired judge in his :. decision.
I'm choosing imprisonment instead
of death the court is moved chiefly
by the age of the defendants. boys
of eighteen and nineteen years"
at is not for the court to say
that he will not in any case enforce
capital punishment, but he believes
it is within his province to decline
to impose the sentence Of death ON
persons who are not of full age.
This determination appears to be
in accordance with the progress of
criminal law all over the world and
to the dictates of enlightened hui
manity. More than that it seems
to be in accordance with the
rrecedents in this stace.T
Only Two Minors Hanged
1.-The records of Illinois show on
ly two cases of minors who were
put 70 death by legal process, to
which number the court does not
feel inclined to make an addition
Judge CaVerly added that while
life imprisonment may not strike
the public imagination as forcibly
as would hanging" yet ''to the Of
tenders, particularly Of the type
they are, the prolonged suffering
of years of confinement may well
be the severer form of retribution
and eXpiatien"
He pointed ont, that under the
state law it is within the dis
erection of the department of public
welfare never to admit these" de,
PENDANTS to parole and that "if this
course is persevered in, the pun,
ishment will satisfy the ends of
justice and safeguard the interests
of society,""
Grove Still for Death
Robert e. Grove, states attorney.
in a formal statement issued imme-
81 still believe that the death pen.
atty is the only penalty feared by
murderers."
He said the responsibility for the
decision rests with the court alone
and that he had no desire to criticize
it, but that he would continue to 10
everything within my power to EN-
force the law honestly and vigorous
ly without regard to the status Of
the criminal"
States Attorney Grove said that
Leopold and Loeb probably would
not start for Joliet before p. m.
Should it take more time to execute
the necessary papers, he said that
the start would not be made before
4 Z. M.
for" said Clarence S. barrow, chief
of defense counsel. There will be
no appeal"
Il do not regard it as a victory
except q victory for Justice" said
Benjamin Bachrach of defense coun-
sci as he shook off those who offered
congratulations on the youths es-
cape from the moose. do not con-
graduate me personally"
Nathan r. Leopold, ST., sat silently
weeping. He offered no comment
and merely nodded his head when
friends grouped about him and whis-
pered in his ears.
Foreman Leopold, Nathan's older
brother, relaxed visibly as the judge
reached the words in his statement
which meant life for the youths. He
had sat with tense face as the judge
read from his manuscript.
Won't Seek Release
Nathan Leopold, ST., said he would
never attempt to obtain the release
OF his son from the penitentiary.
When asked again if that was his
attitude, he replied emphatically,
Surely, surely"
Allan Loeb, athlete brother OF
Richard, beamed smiles, but said
nothing. Jacob Leob, uncle of Rich
ard, and former head Of Chicago's
public school board, remained silent,
although he relaxed visibly after
Judge Caverly had passed sentence.
The Loebs and Leopold watched
anxiously as Nathan, Jr., and Rich
ard were herded quickly back to
the elevator to be returned to their
Jail cells. Then, as the court room
emptied rapidly, Jacob Loeb inter-
rupted an interview Of a half score
of newspapermen with: "Oh. Clar-