Dickie Loeb almost before he began to read. It developed as a child just as kleptomania has developed in many a person and is clearly recognized by the courts. He went from one thing to another—in the main insignificant, childish things. Then, the utterly foolish and stupid and unnecessary thing of going to Ann Arbor to steal from a fraternity house, a fraternity of which he was a member. And, finally, the planning for this crime. Murder was the least part of it; to kidnap and get the money, and kill in connection with it; that was the childish scheme growing up in these childish minds. And they had it in mind for five or six months—planning what? Planning where every step was foolish and childish; acts that could have been planned in an hour or a day; planning this, and then planning that, changing this and changing that; the weird actions of two mad brains.
Counsel have laughed at us for talking about phantasies and hallucinations. They have laughed at us in one breath, but admitted it in another. Let us look at that for a moment, your Honor. Your Honor has been a child. I well remember that I have been a child. And while youth has its advantages, it has its grievous troubles. There is an old prayer, 'Though I grow old in years, let me keep the heart of a child.' The heart of a child with its abundant life, its disregard for consequences, its living in the moment, and for the moment alone; its lack of responsibility, and its freedom from care.
The law knows and has recognized childhood for many and many a long year. What do we know about childhood? The brain of the child is the home of dreams, of castles, of visions, of illusions and of delusions. In fact, there could be no childhood without delusions, for
