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Clarence Darrow:
delivered September 1924
Now, your Honor, I have spoken about
the war. I believed in it. I don’t know whether
I was crazy or not. Sometimes I think
perhaps I was. I approved of it; I joined in the
general cry of madness and despair. I
urged men to fight. I was safe because I was
too old to go. I was like the rest.
What did they do? Right or wrong, justifiable or
unjustifiable -- which I need not
discuss today -- it changed the world. For four
long
years the civilized world was
engaged in killing men. Christian against
Christian,
barbarian uniting with
Christians to kill Christians; anything to kill.
It was taught in
every school, aye in
the Sunday schools. The little children played at
war. The
toddling children on the
street. Do you suppose this world has ever been
the same
since? How long, your Honor,
will it take for the world to get back the humane
emotions that were slowly growing
before the war? How long will it take the
calloused hearts of men before the
scars of hatred and cruelty shall be
removed?
We read of killing
one hundred thousand men in a day. We read about
it and we
rejoiced in it-if it was the
other fellows who were killed. We were fed on
flesh and
drank blood. Even down to the
prattling babe. I need not tell you how many
upright,
honorable young boys have come
into this court charged with murder, some saved
and some sent to their death, boys who
fought in this war and learned to place a
cheap value on human life. You know it
and I know it. These boys were brought up
in it. The tales of death were in their
homes, their playgrounds, their schools; they
were in the newspapers that they read;
it was a part of the common frenzy-what
was a life? It was nothing. It was the
least sacred thing in existence and these boys
were trained to this
cruelty.
It will take fifty
years to wipe it out of the human heart, if ever.
I know this, that
after the Civil War
in 1865, crimes of this sort increased,
marvelously. No one needs
to tell me
that crime has no cause. It has as definite a
cause as any other disease,
and I know
that out of the hatred and bitterness of the Civil
War crime increased as
America had
never seen before. I know that Europe is going
through the same
experience to-day; I
know it has followed every war; and I know it has
influenced
these boys so that life was
not the same to them as it would have been if the
world
had not made red with blood. I
protest against the crimes and mistakes of society
being visited upon them. All of us have
a share in it. I have mine. I cannot tell and
I shall never know how many words of
mine might have given birth to cruelty in
place of love and kindness and
charity.
Your Honor knows
that in this very court crimes of violence have
increased growing
out of the war. Not
necessarily by those who fought but by those that
learned that
blood was cheap, and human
life was cheap, and if the State could take it
lightly why
not the boy? There are
causes for this terrible crime. There are causes
as I have said
for everything that
happens in the world. War is a part of it;
education is a part of it;
birth is a
part of it; money is a part of it-all these
conspired to compass the
destruction of
these two poor boys.
Has the
court any right to consider anything but these two
boys? The State says that
your Honor
has a right to consider the welfare of the
community, as you have. If the
welfare
of the community would be benefited by taking
these lives, well and good.
I think it
would work evil that no one could measure. Has
your Honor a right to
consider the
families of these defendants? I have been sorry,
and I am sorry for the
bereavement of
Mr. And Mrs. Frank, for those broken ties that
cannot be healed. All
I can hope and
wish is that some good may come from it all. But
as compared with
the families of
Leopold and Loeb, the Franks are to be envied-and
everyone knows
it.
I do not know how much salvage there is
in these two boys. I hate to say it in their
presence, but what is there to look
forward to? I do not know but what your Honor
would be merciful to them, but not
merciful to civilization, and not merciful if you
tied a rope around their necks and let
them die; merciful to them, but not merciful
to civilization, and not merciful to
those who would be left behind. To spend the
balance of their days in prison is
mighty little to look forward to, if anything. Is
it
anything? They may have the hope
that as the years roll around they might be
released. I do not know. I do not know.
I will be honest with this court as I have tried
to be from the beginning. I know that
these boys are not fit to be at large. I believe
they will not be until they pass
through the next stage of life, at forty-five or
fifty.
Whether they will then, I cannot
tell. I am sure of this; that I will not be here
to help
them. So far as I am concerned,
it is over.
I would not tell
this court that I do not hope that some time, when
life and age have
changed their bodies,
as they do, and have changed their emotions, as
they do-that
they may once more return
to life. I would be the last person on earth to
close the
door of hope to any human
being that lives, and least of all to my clients.
But what
have they to look forward to?
Nothing. And I think here of the stanza of
Housman:
Now hollow fires
burn out to black,
And
lights are fluttering low:
Square your shoulders, lift your pack
And leave your friends and
go.
O never fear, lads,
naught’s to dread,
Look not
left nor right:
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