The Loeb-Leopold case - The Clarence Darrow Collection

The Loeb-Leopold Case
Crown, page 26) was burned to judgment when but
thirteen years of age for the killing of her mistress, be-
cause by the ancient law none shall be hanged within
age, which is intended the age of discretion, namely,
fourteen years.
The law could not hang her on account of her
age, and so it burned her.
My friend, Mr. Marshall, in the progress of this
trial has read many court decisions — none in point.
They must have been collected to read to a jury
before whom he expected to try this case. But he
had them here and read them on objections to evi-
dence, motions to exclude evidence.
He contended that your Honor had no right to
hear anything in mitigation, but should only hear
matters of aggravation, and having heard them in
aggravation, the mitigation was wiped out; there-
fore, you have a simple, complete case which would
fit a hanging punishment, A wonderful plan of
procedure, indeed.
Now, let me show you something. Mr. Marshall
read from Haensel, an Illinois case, 293. He
pointed that out as a case which should convince
your Honor that there is no merit in our position
that the defendants at the bar should not be
executed.
The plaintiff in error met his wife, stuck a gun against
her chest, demanded some papers, struck his mother-inlaw
in the head with a pair of pliers, and as she ran
back in the bedroom fired a shot, which passed through
the right side of her chest.
215