Page:The plea of Clarence Darrow, August 22nd, 23rd & 25th, MCMXXIII, in defense of Richard Loeb and Nathan Leopold, Jr., on trial for murder.djvu/14

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PLEA OF CLARENCE DARROW IN DEFENSE

been cited. Brother Marshall has not half done his job. He should read his beloved Blackstone again.

I have heard in the last six weeks nothing but the cry for blood. I have heard from the office of the State's Attorney only ugly hate.

I have heard precedents quoted which would be a disgrace to a savage race.

I have seen a court urged almost to the point of threats to hang two boys, in the face of science, in the face of philosophy, in the face of humanity, in the face of experience, in the face of all the better and more humane thought of the age.

Why did not my friend, Mr. Marshall, who dug up from the relics of the buried past these precedents that would bring a blush of shame to the face of a savage, read this from Blackstone:

"Under fourteen, though an infant shall be judged to be incapable of guile prima facie, yet if it appeared to the court and the jury that he was capable of guile, and could discern between good and evil, he may be convicted and suffer death."

Thus a girl thirteen has been burned for killing her mistress.

How this case would delight Dr. Krohn!

He would lick his chops over that more gleefully than over his dastardly homicidal attempt to kill these boys.

One boy of ten, and another of nine years of age, who had killed his companion were sentenced to death; and he of ten actually hanged.

Why?

He knew the difference between right and wrong. He had learned that in Sunday School.

Age does not count.

Why, Mr. Savage says age makes no difference, and