Evening Star Newspaper, September 10, 1924, Page 5

By the Associated Press CHICAGO, September 10.—The full text of Judge John R. Caverly’'s de- cisfon in the Frank follows: “In view of the profound and un- msual interest that this case has| sed, not only in t ommunity, | in the e we led him to he has veach u thing ( ut exception in the past 1ve been the result of a cement between the de- d the State’s attorney in consideration of the plea, torney consents to rec- the court sentence court to tions. Finds Sitaation Different. In the present case, the situation is a different one. A plea of Builty has been entered by the defense without ious understanding with the prosecution and without any knowl- edge whatever on its part. More- over, the plea of guilty did not in this particula it usually does, render task of the prosecu- tion tituting admission possibly difficult and ain of proof. ate was in possession, ¢ essential, substantiat- ry con- - defend- theretore. follow Here the not only of ing fa ants. does not make a special of the defendants. Since both of the cases that of murder and that of ld g for rausom—were of a cha which invested the court with dis- cretion as to the extent of the pun- shment, it became his duty under the statute to examine witne 10 the aggravation and mitigation of the offense. This duty has been fully met. By consent of counsel for the State and for the defendants, tne testimony in the murder case has been accepted as equally applicable to the case of kidnaping for ransom. In addition, a prima facle case was made out for the kidnaping case as well. Testimony Is Complete. The testimony introduced, both by the prosecution and the def has been as detailed and elabo though the case had been It has been given the widest ty, and the public 18 so tully familiar with all its pha that 1t would serve no usetul purpose to Te- state or analyze the evidenc By pleading guilty, the defendants have admitted legal responsivility for their acts. The testimony has satis- fied the court that the ca.e not one in which it would bave been | possible to set up successfully tnc | defenso of Insanity dofined and unders lished Jaw of this state for the pur- » administration of crim- to the physical, t condition of the two de- They have been shown al T 'ts to be abnormal; had they been normal they would not | have committed the crime. It is be- | yond the province of this court,as| it is beyond the capacity of human | s its present s to pre sponsibility for human ac: victim. But it did not need that ele- ment to make the crime abhorrent to very instinct of humanity, and the court is satisfied that neither in the act itself, nor in its motive or lack of motive, nor in the antecedents of the offenders, can he find any mitigating circumstances. For both the crime of murder and kidnaping for ransom the law pre- scribes different punishments in tihe alternative. 'or the crime of ute declares: Whoever is guilty of murder shall suffcr the punishment of death, or imprisonment in the penitentiary for his natural life, or for a term not less than 14 years. If the accused is found guilty by a jury, they shall fix ‘the punishment by their verdiet; upon a plea of guilty, the punish- ment shall be fixed by the court.” Cites Kidnaping Statute. “or the crime of kidnaping for ransom, the statute read “Whoever is guilty of kidnaping for ransom shall suffer death, or be punished by imprisonment in the penitentlary for life, or any term not s than five vears.” nder the plea of guilty, the duty of determining the punishment de- volves upon the court and the law indicates no rule or policy for the guidance of his discretion. In reach- ing his decision the court would murder, the Doesn’t hurt one bit! Drop a little “Freezone” on an aching cornm, in- stantly that corn stops hurting, then shortly you lift it right off with fin- ers. & our druggist sclls a tiny bottls of “Freezone” for a few cents, sufficient tosremove every hard corn, soft corn, or corn between the toes, and thesfoot calluses, without:soreness or irritation. have welcomed the counsel and sup- port of others. In some States the legislature in its wisdom has pro- vided for a bench of three judges to determine the penalty in cases such as this. Nevertheléss, the court is willing to meet his responsibilities. It would have been the path of least resistance to impose the extreme penalty of the law. 1In choosing im- prisonment instead of death the court is moved chiefly by the cen- sideration of the age of the de- fendants, boys of 18 and 19 years. It is not for the court to say that he will .not in any case enforce capital punishment as an alternative, but the court believes that it is within his province to decline to impose tne sentence of death on persons who are not of full age. Moved by Humanity's Dictates. This determination appears to be in accordance with the progress of criminal law all over the world and with the dictates of enlightened humanity. More than that, it seems to be in accordance with the prece- dents hitherto observed in this State. The records of Illinois show only two cases of minors who were put to death by legal process—to which number the court does not feel in- clined to make an addition. Life imprisonment may not, at the moment, strike the public imagina- tion as forcibly as would death by hanging, but to the offenders, par- ticularly of the type they are, the prolonged suffering of years of con- finement may well be the severer form of retribution and expiation. The court feels it proper to add a final word concerning the effect of the parole law upon the punish- ment of these defendants. In the case of such atrocious crimes it is entirely within the’ discretlon of the department of public welfare never to admit these defendants to parole. To such a policy the court urges them strictly to adhere. If this course is persevered in, the punish- ment of these defendants 'will both satisfy the ends of justice and safe- guard the interests of society. Judge Passes Sentence. In No. 33623, indictment for mur- der, the sentence of the court is that you, Nathan F. Leopold, jr., be con- fined In the penitentiary at Joliet for the term of your natural life. The court finds that your age is 19. In No. 33623, indictment for murder, the sentence of the court is that you, Richard Loeb, be confined in the pen- itentiary at Joliet for the term of vour natural life. The court finds your age is 18. In 33624, kidnaping for ransom, it is the sentence of the court that you, Nathan F. Leopold, jr., be confined in P 7 = & ’Z/ \'\ —_ Borsalino .....cccceeee....$10.00 Crofut & Knapp. ...$5.00 and $7.00 Frank Schoble ..............$5.00 STETSON HATS _Other New Fall Hats in the season's most becoming styles and shades For Fall Because it is a Stetson — the qual- ity is never ques- tioned. T 271D the penitentiary at Joliet for the term of 93 years. Tho court finds your age 19. In 33624, kidnaping for ransom, the sentence of the court is that you, Richard Loeb, be confined in the peni- tentiary at Joliet for the term of 99 e sheriff may retire with the prisoners. FILENE PRIZE WINNER. By the Associated Press. ROME, September 10.—First prize In the peace plan contest, under the award furnished by Edward A. Filene of Boston, has been awarded to Pros- pero Fedozzl, Glno Ariaz and Vin- cenzo Canto jointly. The prize, which s 100,000 lire, will be divided equally between the three men. Signor Fedozzi is professor of inger- national law and Ariaz is professor of political economy at the Univer- sity of Genoa. We have taken over a complete line of sample lamps and are going to sell them at ridiculously’ low ‘prices. $24 Complete Junior or Floor Lamp slsg Bilk skads and eIl ‘inoladed, Brides Lo $7:85 Silk ghade and all fixtares ino'ndad Reduced to.. MADE 3-Pc. Overstuffed Furniture You can rely on our w110 —Suites a3 low as . HOLOBER AND COMPANY Man'fr of Uphol. Furniture of the Better Kind. 615 E Street N.W. Phone Main 232 TO ORDER LEOPOLD AND LOEB GET LIFE, ESCAPING NOOSE DUE TO YOUTH (Continued from Fourth Page.) everybody, and” these hundreds of let- ters and personal suggestions 1 have received will affect me no more that back.’ " six men to be hanged. Court convened for the sentencing of Leopold and Loeb at 9:30 a.m. “Find scats or leave the courtroom, sald Judge Caverly as court opened. There was room for all. The defendants wore their usual morning smiles as they entered. Without preliminary Judge Caverly started reading his decision. He halt- ed to rebuke photographers. The present case, the judge sald, differed from others in that the State was mnot forewarned of the plea of guilty. “The plea of guilty did not form a point in favor of the defense,” he de- clared. in| As Judge Cave spect than ‘water on a duck’s " o i i b Judge Caverly has sentenced decision the two boys gave him a very studied and unexpressive in- spection. Loeb, with his hands rest- ing on his legs, and Leopold, with hands crossed, head slightly inclined, scarcely moved. They were virtually immobile. HADDINGTON CLOTHES A “Fit” Not the Opposite head, but not many a hatter has the e to take it off, if it isn’t ex- actly theshape orsizeyou ought to wear. Fittinga hat is just as much our life work as selling a hat. MEYER’S SHOP 1331 F Street Everything for the Well Dressed Man I | I i lll”l mmum —of 9= Trousers Suits is arriving daily. Wonderful Styles Beautiful room for this new Fall merchan- Discards Insanity Theory. At the same time, the court is willing to recognize that the care- ful analysis made of the life h of the defendants and of the ent mental, emotional and e condition, has been of extreme terest and is a valuable contribu- tion to criminology. And yet the court feels strongly that simi is made of other persons a cused of crime would probably re- 1 similar or different abnormal- ities. The value of such tests seems o lie in their applicability to crime and criminals in general. concern thc broad questions human responsibility and legal pun- are in nowise peculiar- dividual defendants, they deserving of legislative, but not of judicial consideration. For this reason the court is satisfied that his judgment in the present case can- not bo affected thereby The testimony in this case reveals a crime of singular atrocity. It is, in a sense, inexplicable; but it is not thereby rendered less inhuman or re- pulsive. It was deliberately planned and prepared for during a consider- able period of time. It was executed with every feature of callousness and cruelty. Boy’s Body Not Abused. And herc the court will say, not for the purpose of extenuating guilt, but merely with the object of dis- pelling a_misapprehensoion that ap- pears to have found lodgment in the public mind, that he is convinced by conclusive evidence that therc was abuse offered to_the body of the dise, we are closin g out every pants Fall Suits at ohe price. $29.75 Blues, Fancies, Blacks—sold for $35 to $55. il I single- Featuring All This Week Good Looking Davenport-Beds - At Very Persuasive Prices Take the Chill Off the Room ‘These Cool Evenings . 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