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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 />

teen, or sixteen, or fourteen. Some day, if there is<br />

any such thing as progress in the world, if there is<br />

any spirit of humanity that is working in the hearts<br />

of men, some day men would look back upon this as<br />

a barbarous age which deliberately set itself in the<br />

way of progress, humanity and sympathy, and com-<br />

mitted an unforgivable act.<br />

Yet your Honor has been asked to hang, and I<br />

must refer here for a minute to something which I<br />

dislike to discuss. I hesitated whether to pass it by<br />

unnoticed or to speak of it, but feel that I must say<br />

something about it, and that was the testimony of<br />

Gortland, the policeman. He came into this court,<br />

the only witness who said that young <strong>Leopold</strong> told<br />

him that he might get into the hands of a friendly<br />

judge and succeed. Your Honor, that is a blow<br />

below the belt. <strong>The</strong>re isn't a word of truth in his<br />

statement, as I can easily prove to your Honor. It<br />

was carved out of the air, to awe and influence the<br />

court, and place him in a position where if he saved<br />

life some one might be malicious enough to say that<br />

he was a friendly judge, and, if he took it, the fear<br />

might invade the community that he did not dare to<br />

be merciful.<br />

Now, let me take Cortland's testimony for a<br />

minute. He swore that on the night after the arrest<br />

of these two boys Nathan <strong>Leopold</strong> told him, in dis-<br />

cussing the <strong>case</strong>, that a friendly judge might save<br />

him. He is the first man who testified for the State<br />

that any of us cross-examined, if you remember.<br />

204

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