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/62

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PLEA OF CLARENCE DARROW IN DEFENSE

am saying now. The child of himself knows nothing about right and wrong, and the teachings built up give him habits, so he will be able to control certain instincts that surge upon him, and which surge upon everyone who lives. If the instinct is strong enough and the habit weak enough, the habit goes down before it. Both of these eminent men admit it. There can be no question about it. His conduct depends upon the relative strength of the instinct and the habit that has been built up.

Education means fixing these habits so deeply in the life of man that they stand him in stead when he needs them to keep him in the path,—and that is all it does mean. Suppose one sees a thousand dollar bill and nobody present. He may have the impulse to take it. If he does not take it, it will be because his emotional nature revolts at it, through habit and through training. If the emotional nature does not revolt at it he will do it. That is why people do not commit what we call crime; that, and caution. All education means is the building of habits so that certain conduct revolts you and stops you, saves you; but without an emotional nature you cannot do that. Some are born practically without it.

How about this case?

The state put on three alienists and Dr. Krohn. Two of them, Dr. Patrick and Dr. Church are undoubtedly able men. One of them. Dr. Church, is a man whom I have known for thirty years, and for whom I have the highest regard.

On Sunday, June 1st, before any of the friends of these boys or their counsel could see them, while they were in the care of the State's Attorney's office, they brought them in to be examined by these alienists. I am not going to discuss that in detail as I may later on. Dr. Patrick said this: