The Loeb-Leopold case - The Clarence Darrow Collection

The Loeb-Leopold Case
ment while the State insisted on the maximum
penalty of death.
The State introduced the evidence of eighty-one
witnesses — and rested. Every incriminating fact
was proved, as being relevant on the question of
" aggravation."
Then the defense began, with its evidence of
" mitigation," followed by rebuttal evidence on the
part of the State. The defense, though not dis-
claiming legal responsibility, urged, nevertheless,
that the mental condition of the defendants was a
mitigating circumstance. This the State vigorously
controverted. Some excerpts from the evidence are
given here. It would take volumes to include it all.
Dr. W. A. White was the first witness for the
defense. He said in part:
We can only understand this homicide by understanding
the back and forth play of these two personalities as they
are related to each other. Now, Dickie Loeb, with his feel-
ing of inferiority, developed certain anti-social tendencies
which are characterized to a certain extent to compensate
him personally, but which are disintegrating and socially de-
structive, namely, his criminalistic tendencies. He develops
these tendencies as being the head of a gang because, obvi-
ously, it is not half as satisfying to an individual to be a
great man in secret. Dickie needed an audience. In his
fantasies, the criminalistic gang was his audience. In real-
ity, Babe Leopold was his audience. Babe is generally the
slave in the situation. But he is a powerful slave, who makes
Dickie king, so that in either position he occupies, as the king
or slave, he gets the expression of both components of his
make-up. All of Dickie's life has been in the direction of
self-destruction. He has often considered suicide. He told
me he had lived his life out, come to its logical conclusion.
IS