The Loeb-Leopold case - The Clarence Darrow Collection

The Loeb-Leopold Case
Our statute says that murder is the unlawful
killing of a human being, in the peace of the People,
by a person of sound mind, with malice aforethought,
either express or implied. Our Supreme
Court says that one is in the peace of the People
when he has not forfeited the right to live.
Was Robert Franks " in the peace of the
People " ? Your Honor, all the elements of the
crime are here — and admitted. Responsibility,
malice, deliberation — all are here. Is it a case
that merits the extreme penalty or a lesser crime
that falls within the lesser penalties of the statute?
What are the facts? Loeb and Leopold composed
a letter for any case as it might arise. They pre-
pared a form letter, to have it ready. They wrote
the ransom letter and rewrote it. It was a finished
job. All it needed was the filling in of the name,
and mailing it.
Then they arranged for the death car, assuming
the name of Morton D. Ballard, renting a room at
the Morrison Hotel, merely for the purpose of pro-
viding for a place to receive the identification card,
going down to the Rent-a-Car people, giving a
wrong name, getting the recommendation from
" Mason " over the telephone — and Loeb on the
telephone giving Leopold a good character.
They bought the hydrochloric acid, they bought
the cold chisel, they taped it, they bought the pieces
of rope and got the cloth for a gag and had a lap
robe there to carry the body.
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