Bill of Rights Constitutional Rights in Action Foundation SPRING 2015 Volume 30 No3 SAVED FROM THE GALLOWS — THE TRIAL OF LEOPOLD AND LOEB Chicago Daily News negatives collection, Chicago History Museum From right, defense attorney Clarence Darrow and his two clients, Richard Loeb and Nathan Leopold, sit in court. IN 1924 IN CHICAGO, NATHAN LEOPOLD, WERE SAVED FROM THE GALLOWS BY many hobbies and interests, including 19, AND HIS FRIEND, RICHARD LOEB, 18, THE WORK OF THEIR ATTORNEY, birding, which he pursued with a pas- WERE TRIED FOR THE BRUTAL MUR- CLARENCE DARROW, IN WHAT HAS sion. At home he read books on phi- DER OF A 14-YEAR-OLD BOY. THE OFTEN BEEN CALLED ONE THE MOST losophy, including books by the PROSECUTOR CALLED IT “ONE OF THE FAMOUS TRIALS OF THE 20TH CENTURY. German philosopher, Friedrich Niet- MOST COLD-BLOODED, CRUEL AND zsche. Nietzsche wrote often about COWARDLY CRIMES EVER COMMITTED Nathan Leopold grew up in Chicago, Illinois. He came from a the Ubermensch, a superman who sets IN HISTORY.” NEWSPAPERS ALL OVER his own values and can affect the lives THE COUNTRY CARRIED STORIES OF wealthy family; his father had made of others. THE ARREST AND THE GRISLYFACTS OF millions manufacturing boxes. By THE CRIME ON THE FRONT PAGE. THE 1924, Nathan had graduated from col- Leopold admired his close friend, PUBLIC CALLED FOR LEOPOLD AND lege and was a law student at the Uni- Richard Loeb, whom he often de- LOEB’S EXECUTION. BUT THE BOYS versity of Chicago. He engaged in scribed as a “superman.” Loeb, like Leopold, was extremely intelligent. He skipped several grades in school and THE LAW was the youngest student ever to grad- This edition of Bill of Rights in Action looks at issues related to law. The first article uate from the University of Michigan. explores the famous trial of Leopold and Loeb, which rocked the nation in the Like Leopold, he also came from a 1920s. The second article examines the Great Qing Code, the laws of the last wealthy family; his father was a retired dynasty of China, which was in power from 1644 to 1912. The last article looks at vice president of Sears Roebuck. Loeb the meaning of the First Amendment’s free exercise clause. did not read books on philosophy; he U.S. History: Saved From the Gallows — The Trial of Leopold and Loeb loved detective stories, reading every World History: The Great Qing Code: Law and Order During China’s Last Dynasty one he could find. Loeb also tried com- Government: The Free Exercise of Religion in America mitting minor crimes — stealing bot- tles of liquor from a relative and a Guest writer Lucy Eisenberg, Esq., wrote the article on Leopold and Loeb. Our longtime contributor Carlton Martz wrote about the Qing Code. CRF’s senior Liberty Bond from his brother’s desk. writer Damon Huss wrote on the free exercise of religion. But minor crimes were not enough. U.S. HISTORY © 2015, Constitutional Rights Foundation, Los Angeles. All Constitutional Rights Foundation materials and publications, including Bill of Rights in Action, are protected by copyright. However, we hereby grant to all recipients a license to reproduce all material contained herein for distribution to students, other school site personnel, and district administrators. (ISSN: 1534-9799) What he really wanted was to commit young boy had been found in a satisfaction. “The Franks murder mys- the “perfect” crime, a crime in which he swamp. He refused to go to the morgue tery has been solved,” he said, “and would collect ransom after kidnapping to look at the body, but finally agreed the murderers are in custody. Nathan a young person and escape detection by to send a family member, who came Leopold and Richard Loeb have com- murdering the kidnapped victim and back with the horrible news that it was pletely and voluntarily confessed.” hiding the body where it would not be Bobby’s body. And with great confidence he said: “I discovered. Loeb managed to persuade With Bobby’s death known, the have a hanging case.” his friend Leopold to help him create plot to collect ransom collapsed. But and carry out such a plan. for eight days, the identity of the killers Darrow for the Defense After at least two months of plan- was unknown. Then suddenly the News of the confessions created a ning, Loeb and Leopold decided to pieces of the puzzle came together. storm of publicity and excitement. The carry it out. On May 21, they got into a The police located the company that Hearst papers printed a confession car, which they had rented under a had sold the eyeglasses found near the “extra” and claimed that they distrib- false name, and cruised a street near crime site. The company had kept care- uted 100,000 copies within 10 minutes. the Harvard school, where wealthy ful records, and after searching 54,000 The papers cried for blood: “Never has parents sent their children. It was late records in the company’s files, the po- public opinion in Chicago been at such afternoon and a 14-year-old student, lice discovered that the glasses had a white heat of indignation.” And they named Bobby Franks, was walking been sold in November 1923 to a per- demanded action right away. The Her- home. Leopold and Loeb pulled over to son named Nathan Leopold. At 2:30 ald and Examiner called for an imme- the curb and persuaded Bobby to climb p.m. on May 29, the police went to diate resolution of the case. The case, it into the car. Two minutes later Bobby Leopold’s house and took him in for editorialized, “should not be allowed had been hit four times on the head questioning. He acknowledged that the to hang on . ... Every consideration of with a chisel, thrown onto the floor, glasses belonged to him. He told the public interest demands that it be car- and suffocated to death. The killers police that he often walked near Wolf ried through to its end at once.” With- then drove into marshlands around Lake to do birdwatching, and the out dissent, the newspapers reported Wolf Lake, a place where Leopold that public opinion demanded the often went birdwatching. They Two minutes later Bobby death penalty. stripped off Bobby’s clothes, poured The families moved quickly to find hydrochloric acid on his body, and had been hit four times legal help. The day after the confes- stuffed it into a drainpipe. They then on the head with a chisel, sions were announced, Loeb’s brother called the Franks’ house, telling Mike went to the state attorney’s office Bobby’s mother that her son had been thrown onto the ;oor, and with an attorney named Benjamin kidnapped, he was safe, and further in- suffocated to death. Bachrach to find out where the accused structions would follow. boys were being held. A well-schooled The next day, Mr. Franks received a glasses had probably fallen out of his criminal lawyer, Bachrach had success- ransom note, sent by special delivery, breast pocket when he stumbled. The fully defended a number of gangsters. stating that if he put $10,000 in old $20 police questioned Leopold about That same night Loeb’s uncle Jacob and $50 bills into a cigar box and de- where he had been on the day of the went to the apartment of an attorney livered it as instructed, Bobby would murder. At first, he said he could not named Clarence Darrow, pleading with be safely returned in six hours. But remember, but then began to tell a him to represent his nephew, Leopold. that didn’t happen, because the perfect story of hanging out with his friend With desperation, Loeb’s uncle said: crime had gone wrong. Richard Loeb. The police picked up “Get them a life sentence instead of Loeb and began questioning him in a death. That’s all we ask.” Glasses Foil the Crime different room. At first, Loeb said he In 1924, Clarence Darrow was best A day after the murder, a workman couldn’t remember where he had been known for defending labor unions and walking near Wolf Lake saw two feet on the day of the murder, and then he strikers. His public image, in the words sticking out of a drain pipe close to the began talking. The two boys were of one author, “was a defender of the railroad tracks. He yelled for help, and telling different stories, but after more underdog, a devil’s advocate, a man another group of workmen joined him. than 12 hours of questioning, both who stood perpetually opposed to the Together they pulled out the body of confessed to having together organized great and powerful of the earth.” He Bobby Franks and called the police. and carried out the murder. Their sto- certainly was not accustomed to repre- One of the workers noticed a pair of ries had one major difference: Each senting wealthy and powerful families. glasses nearby and handed those to the said that the other one had actually But he was passionately opposed to police. Bobby Franks’ father had been killed Bobby Franks. capital punishment, and he saw the waiting to hear from the kidnappers, At 6 a.m., the state’s attorney, Leopold-Loeb case as a chance to certain that the kidnappers would not Robert Crowe, came out of his office to strike a blow against the death penalty. harm his son. At first, he paid no at- address the gathered crowd of reporters.