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/51

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OF TWO YOUTHS ACCUSED OF MURDER
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of childhood, is always one of the first concerns of the state. It is one of the first in the human heart, and it is one of the first in the human mind.

How many times has rape been changed to assault, and the defendant given a year, or even a Bridewell sentence? How many times has mercy come even from the State's Attorney's office? I am not criticizing. It should come and I am telling this court what this court knows. And yet forsooth, for some reason, here is a case of two immature boys of diseased mind, as plain as the light of day, and they say you can get justice only by shedding their last drop of blood!

Why? I can ask the question easier than I can answer it. Why? It is unheard of, unprecedented in this court, unknown among civilized men. And yet this court is to make an example or civilization will fail. I suppose civilization will survive if your Honor hangs them. But it will be a terrible blow that you shall deal. Your Honor will be turning back over the long, long road we have traveled. You will be turning back from the protection of youth and infancy. Your Honor would be turning back from the treatment of children. Your Honor would be turning back to the barbarous days which Brother Marshall seems to love, when they burned people thirteen years of age. You would be dealing a staggering blow to all that has been done in the City of Chicago in the last twenty years for the protection of infancy and childhood and youth.

And for what? Because the people are talking about it. Nothing else. It would not mean, your Honor, that your reason was convinced. It would mean in this land of ours, where talk is cheap, where newspapers are plenty, where the most immature expresses his opinion, and the more immature the stronger, that a court couldn't help