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The Loeb-Leopold case - The Clarence Darrow Collection

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<strong>The</strong> <strong>Loeb</strong>-<strong>Leopold</strong> Case<br />

that you cannot prove a positive by a negative. Ten<br />

thousand facts showing the absence of mental dis-<br />

ease would be as easily toppled over as one fact by<br />

the proof of the presence of a single fact demon-<br />

strating such disease.<br />

Unless the alienists for the State examined these<br />

boys along the very lines and upon the very points<br />

that the alienists for the defense did, then the evi-<br />

dence of the alienists for the State along these lines<br />

and on these points is without value.<br />

To suppose that people are well mentally because<br />

they are oriented to time, space and persons, because<br />

they know who they are and where they are, recog-<br />

nize people about them, show good memory, are logi-<br />

cal and coherent in their responses to questions<br />

asked, is just as naive as to suppose that a person<br />

is well mentally because he is not a raving maniac.<br />

Your Honor will recall that Dr. Patrick testified<br />

on cross-examination that he had never before con-<br />

ducted an examination as to mental condition under<br />

such circumstances. Dr. Church had never con-<br />

ducted any such examination under similar condi-<br />

tions. <strong>The</strong> only alienist for the State who stated<br />

that the conditions under which the examination was<br />

made were favorable was Dr. William O. Krohn,<br />

and his conclusions as to the mental condition of the<br />

defendants in this <strong>case</strong> on the 21st of May, 1924,<br />

were based upon what he called the memory, which<br />

he said was intact, the capacity of logical reasoning,<br />

and orientation.<br />

98

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