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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 />

Chief Justice of the Criminal Court makes it per-<br />

fectly safe for them to murder, or are we going to<br />

tell them that the law will be vigorously enforced?<br />

<strong>The</strong> law, if your Honor please, is made to protect<br />

the innocent, and it is made to protect the innocent<br />

by punishing the guilty and in no other way can we<br />

protect the innocent or protect society.<br />

I think, if your Honor please, I have now covered<br />

the three defenses set forth by Mr. <strong>Darrow</strong>, their<br />

age, lack of motive, and physical and mental con-<br />

dition.<br />

When we get all through, Mr. <strong>Darrow</strong> says that<br />

your Honor ought to be merciful and, finally, and<br />

that is his concluding defense, he appeals to your<br />

heart and your sympathy and not to your mind or<br />

your conscience.<br />

When I was listening to Mr. <strong>Darrow</strong> plead for<br />

sympathy for these two men who showed no<br />

sympathy, it reminded me of a story of Abraham<br />

Lincoln's about a young boy about their age whose<br />

parents were wealthy and he murdered both of them.<br />

He was an only child and he did it so that he might<br />

inherit their money. His crime was discovered the<br />

same as this crime has been discovered, and the<br />

court asked him for any reason he might have why<br />

sentence of death should not be passed upon him<br />

and he promptly replied that he hoped the court<br />

would be lenient to a poor orphan. Robert Franks<br />

had a right to live. He had a right to the society<br />

of his family and his friends and they had a right<br />

311

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