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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 />

have the decency or the heart to put a handkerchief<br />

over that little dead face as he heaped the coal<br />

upon it.<br />

<strong>The</strong> law says in extreme <strong>case</strong>s death shall be the<br />

penalty. If I were in the legislature I might vote<br />

against such a law. I don't know. But as a judge<br />

I have no right to set aside that law. I have no right<br />

to defeat the will of the people, as expressed by the<br />

legislature of Illinois. I have no right to be a<br />

judicial anarchist, even if <strong>Clarence</strong> <strong>Darrow</strong> is an<br />

anarchistic advocate. He says that hanging does<br />

not stop murder. I think he is mistaken. From the<br />

time Thomas Fitzgerald expiated his crime upon the<br />

gallows, I have not heard of any little tot in Chicago<br />

who met a like fate to that which Janet Wilkinson<br />

met.<br />

I will direct your Honor's attention to the year<br />

1920, when Judge Kavanagh, Judge Brentano,<br />

Judge Barrett and Judge Scanlan came over here at<br />

my request and from the fifth day of May until the<br />

first day of July tried nothing l?ut murder <strong>case</strong>s.<br />

In addition to the many men that they sent to the<br />

penitentiary for manslaughter, or a term of years<br />

for murder, in that brief period of less than sixty<br />

days, fifteen men were sentenced to death in the<br />

Criminal Court of Cook County. <strong>The</strong> records of<br />

the Police Department, the records of the Chicago<br />

Crime Commission show that as the result of that,,<br />

murder fell 51 per cent in Cook County during the<br />

year 1920.<br />

240

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