The Loeb-Leopold case - The Clarence Darrow Collection

The Loeb-Leopold Case
First, I am enclosing the document which I mentioned
to you today, and which I will explain later. Second,
I am going to tell you of a new fact which has come up
since our discussion. And third, I am going to put in
writing what my attitude is toward our present relations,
with a view of avoiding future possible misunderstand-
ings, and in the hope (though I think it rather vain) that
possibly we may have misunderstood each other, and can
yet clear this matter up.
Now, as to the first, I wanted you this afternoon, and
still want you, to feel that we are on an equal footing
legally, and, therefore, I purposely committed the same
tort of which you were guilty, the only difference being
that in your case the facts would be harder to prove than
in mine, should I deny them. The enclosed document
should secure you against changing my mind in admitting
the facts, if the matter should come up, as it would
prove to any court that they were true.
As to the second. On your suggestion I immediately
phoned Dick Rubel, and speaking from a paper prepared
beforehand (to be sure of the exact wording) said:
" Dick, when we were together yesterday, did I tell you
that Dick (Loeb) had told me the things which I then
told you, or that it was merely my opinion that I
believed them to be so? " I asked this twice to be sure
he understood, and on the same answer both times (which
I took down as he spoke) felt that he did understand.
He replied: " No, you did not tell me that Dick told you
these things, but said that they were in your opinion
true."
He further denied telling you subsequently that I had
said that they were gleaned from conversation with you,
and I then told him that he was quite right, that you
never had told me. I further told him that this was
merely your suggestion of how to settle a question of
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