The Loeb-Leopold case - The Clarence Darrow Collection

The Loeb-Leopold Case
were away from noises and disturbances, and from
large crowds, and where they were given the oppor-
tunity to make a thorough examination.
Now, your Honor will recall that when Dr. Krohn
was cross-examined by us as to whether there was
anything besides what was said by these boys that
was taken into consideration, he said yes, the re-
actions, how they behaved — that that was im-
portant.
Of how much greater value is the evidence of
what the physicians for the defense have done.
Here, you have a situation where a long period of
time was taken, where there were repeated examina-
tions made, and under various conditions, by the
experts for the defense. And they say these boys
are mentally diseased.
Bowman and Hulbert, the evidence shows, took
fourteen days to gather these facts, and the State's
alienists got enough in forty minutes to say that
there was not any evidence of mental disease. How
can the testimony of these witnesses be mentioned
in the same breath with that of ours?
To summarize, by way of conclusion of this part
of the argument on behalf of the defense: upon a
plea of guilty to the crime of murder, the statute
places upon the court the duty of hearing witnesses
in mitigation of the offense.
We submit that this means that the court, in fix-
ing the sentence, must take into consideration the
circumstances in connection with the offender in the
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