by Simon Baatz
17. "Needle Charts Leopold's Mind," Chicago Daily Journal, 17 June 1924; "Experts Use 'Flattery Machine' to Test Leopold's Vanity," Chicago Herald and Examiner, 17 June 1924; "Defense Alienists Find Leopold and Loeb Abnormal," Chicago Evening Post, 16 June 1924.
18. "X-Ray Now to Seek Flaws in Boy Slayers," Chicago Daily Tribune, 18 June 1924; "Needle Charts," Chicago Daily Journal, 17 June 1924; Trial Transcript, fols. 2096-2097.
19. Tal Golan, Laws of Men and Laws of Nature: The History of Scientific Expert Testimony in England and America (Cambridge, MA: Harvard University Press, 2004), 183-197.
20. Trial Transcript, fol. 1994; Bowman-Hulbert Report (Loeb), fol. 59; Bowman-Hulbert Report (Leopold), fol. 82.
21. Bowman-Hulbert Report (Loeb), fols. 60-62.
22. Bowman-Hulbert Report (Leopold), fols. 83-85; Trial Transcript, fols. 2061-2062.
23. "Leopold-Loeb Tests Fail, Hint," Chicago Daily Journal, 18 June 1924; Fred D. Pasley, "Are Glands or Boys to Blame in Franks Case?" Chicago Herald and Examiner, 18 June 1924.
24. "Leopold Angry over His Tests," Chicago Herald and Examiner, 18 June 1924; "Leopold Spurns Insanity Defense," Chicago Herald and Examiner, 18 June 1924.
25. "Concludes Test of Franks Killers," Chicago Evening Post, 17 June 1924. 26. "Leopold's Jail-Break Plot Foiled by Warden," Chicago Herald and Examiner, 28 June 1924.
27. "Another Expert Here to Test Slayers," Chicago Daily Journal, 2 July 1924; Leola Allard, "U.S. Expert to Test Slayers," Chicago Herald and Examiner, 1 July 1924.
28. Lawrence C. Moore, "William A. White--A Biography (1870-1937)," in Arcangelo R. T. D'Amore, ed., William Alanson White: The Washington Years, 1903-1937 (Washington, DC: U.S. Department of Health, Education, and Welfare, 1976), 13-14.
29. William A. White, Forty Years of Psychiatry (New York, 1933), 28-32; Arcangelo R. T. D'Amore, "William Alanson White--Pioneer Psychoanalyst," in D'Amore, William Alanson White, 69-71.
30. William Alanson White Notes (Loeb), fols. 2, 3.
31. Ibid., fols. 6-7, 20-21.
32. William Alanson White Notes (Leopold), fol. 14.
33. Ibid., fols. 16, 17.
34. Psychiatric Reports, Unit I/4025 (William Alanson White), fols. 15-16, 18, 35-36.
35. "Other Holidays Recalled on 4th by Loeb, Leopold," Chicago Daily Tribune, 5 July 1924.
36. Trial Transcript, fols. 1433-1434; William Healy, The Individual Delinquent: A Text-Book of Diagnosis and Prognosis for All Concerned in Understanding Offenders (Boston, MA: Little, Brown, 1915).
37. James W. Trent Jr., Inventing the Feeble Mind: A History of Mental Retardation in the United States (Berkeley: University of California Press, 1994), 141-142, 155 -166 ; Lei la Zenderla nd, Measuring Minds: Henry Herbert Goddard and the Origins of American Intelligence Testing (Cambridge: Cambridge University Press, 1998), 235-250.
38. Trial Transcript, fols. 1455-1475.
39. Ibid., fols. 1516-1525.
40. "Franks Defense Expert Staff Still Growing," Chicago Daily Tribune, 9 July 1924; Trial Transcript, fols. 1660-1662; Bernard Glueck, "A Study of 608 Admissions to Sing Sing Prison," Mental Hygiene 2 (1918): 85-151; Bernard Glueck, "Concerning Prisoners," Mental Hygiene 2 (1918): 177-218; Bernard Glueck, "Psychiatric Aims in the Field of Criminology," Mental Hygiene 2 (1918): 546-556.
41. Trial Transcript, fols. 1674-1677; Psychiatric Reports, Unit I/1375 (Bernard Glueck), fols. 1-2.
42. Psychiatric Reports, Unit I/1375 (Bernard Glueck), fol. 18.
43. Ibid., fol. 27.
44. Edward Shorter, A History of Psychiatry: From the Era of the Asylum to the Age of Prozac (New York: Wiley, 1997), 156-164.
45. Nathan G. Hale Jr., The Rise and Crisis of Psychoanalysis in the United States: Freud and the Americans, 1917-1985 (New York: Oxford University Press, 1995), 3-9, 23-24, 74-78; Catherine Lucille Covert, "Freud on the Front Page: Transmission of Freudian Ideas in the American Newspaper of the 1920s" (PhD dissertation, Syracuse University, 1975), 12-14, 26-34, 36-37; David Evans Tanner, "Symbols of Conduct: Psychiatry and American Culture, 1900-1935" (PhD dissertation, University of Texas at Austin, 1981), 173-180. 46. Gerald N. Grob, Mental Illness and American Society, 1875-1940 (Princeton, NJ: Princeton University Press, 1983), 46-71.
47. Elizabeth Lunbeck, The Psychiatric Persuasion: Gender and Power in Modern America, 1875-1940 (Princeton, NJ: Princeton University Press, 1994), 20-24, 46-49.
48. William A. White, Insanity and the Criminal Law (New York: Macmillan, 1923), 23-29, 224-230.
49. Janet Ann Tighe, "A Question of Responsibility: The Development of American Forensic Psychiatry, 1838-1930" (PhD dissertation, University of Pennsylvania, 1983), 320 -323, 339-346.
50. White, Insanity and the Criminal Law, 102-106.
51. Tighe, "A Question of Responsibility," 321-322.
52. "Loeb Defense Hires Best of Mind Experts," Chicago Sunday Tribune, 6 July 1924.
53. Gerald Langford, The Murder of Stanford White (New York: Bobbs-Merrill, 1962), pp. 17-19, 233-234, 245-256.
54. "Darrow Lauds Kin of Killers," Chicago Daily Journal, 15 July 1924; "Leopold, Loeb Will Not Seek to Free Sons," Chicago Daily Journal, 10 July 1924. 55. "New Insanity Defense Seen," Chicago Daily Journal, 12 July 1924. 56. "Leopold and Loeb Are Superficially Both Sane," Evening Telegram (Toronto), 12 July 1924.
57. "Insanity School for Crowe Aids in Franks Case," Chicago Sunday Tribune, 13 July 1924; "Rival Counsel Get Primed for Franks Battle," Chicago Daily Tr ibune, 14 July 1924.
58. Philip Kinsley, "Lincoln Faces Death or Asylum," Chicago Sunday Tribune, 27 January 1924.
59. " 'Not Guilty' Lincoln Plea in Court," Aurora Daily Beacon-News, 18 February 1924; "Lincoln Pivot of Franks Case," Chicago Daily Journal, 18 June 1924; "Lincoln Trial Test in Leopold Case," Chicago Herald and Examiner, 23 June 1924; "Delay Lincoln Sanity Quiz," Chicago Daily News, 23 June 1924.
60. "Crowe Attacks Franks' Killers' 'Insane' Defense," Chicago Daily Tribune, 18 July 1924.
61. "Radio Loeb-Leopold Trial?" Chicago Daily Tribune, 17 July 1924. 62. Roland Marchand, Advertising the American Dream: Making Way for Modernity, 1920-1940 (Berkeley: University of California Press, 1985), 88-89. 63. Clayton R. Koppes, "The Social Destiny of the Radio: Hope and Disillusionment in the 1920s," South Atlantic Quarterly 68 (1969): 364-368. 64. "Public Gives Views on Loeb Trial by Radio," Chicago Daily Tribune, 18 July 1924.
65. "Opinions Vary on Proposal to Radio Trial," Chicago Daily Tribune, 18 July 1924; "Tribune Offer to Radio Trial Stirs Public," Chicago Daily Tribune, 18 July 1924; "City in Furore over Plan for Trial Broadcast," Chicago Daily Tr ibune, 19 July 1924.
66. "Leopold, Loeb, Won't Ask Change of Venue," Chicago Daily News, 19 July 1924.
67. "Radio of Trial Assailed," Chicago Daily News, 18 July 1924; "Judges of Two Courts Oppose 'Trial by Radio,'" Chicago Herald and Examiner, 19 July 1924.
68. "Franks Trial Delay Hinted," Chicago Daily Journal, 19 July 1924; "First Court Battle in Leopold-Loeb Case Tomorrow," Chicago Herald and Examiner, 20 July 1924; Genevieve Forbes, "Darrow Ready to Lay Franks Cards on Table," Chicago Sunday Tribune, 20 July 1924.69. "Leopold-Loeb 'Jury Strategy' Mapped at War Council," Chicago Herald and Examiner, 18 July 1924.
CH A P T ER 12 : M I T IGAT ION OF PU N ISH M EN T
1. Trial Transcript, fols. 1207, 1209.
2. "Killers Admit All; Fate Up to Judge," Chicago Daily Journal, 21 July 1924; "Leopold Dramatically Calm in Court; Loeb Fearful," Chicago Herald and Examiner, 22 July 1924.
3. "Breathless Crowds Jam Franks Hearing," Chicago Daily News, 21 July 1924; "Leopold Dramatically Calm," Chicago Herald and Examiner, 22 July 1924.
4. Genevieve Forbes, "Call 100 Franks Witnesses," Chicago Daily Tribune, 22 July 1924.
5. "Loeb, Leopold Plead Guilty; Begin Trial Next Wednesday," Chicago Daily News, 21 July 1924.
6. "Breathless Crowds."
7. Charles V. Slattery, "Leopold-Loeb Plead Guilty; Ask Mercy," Chicago Herald and Examiner, 22 July 1924; Forbes
, "Call 100 Franks Witnesses"; Nathan F. Leopold, Life Plus 99 Years (Garden City, NY: Doubleday, 1958), 61.
8. "Killers Admit All," Chicago Daily Journal, 21 July 1924; Leopold, Life Plus 99 Years, 62.
9. "Leopold Dramatically Calm."
10 . "Loeb, Leopold Plead Guilty."
11. Ibid.; " 'Guilty,' Slayers' Plea," Chicago Evening Post, 21 July 1924. 12. "Loeb, Leopold Plead Guilty."
13. "Leopold Dramatically Calm."
14 . "Crowe to Push Trial with All Possible Speed," Chicago Daily Tribune, 22 July 1924.
15. Slattery, "Leopold-Loeb Plead Guilty"; "Franks Waits Call to Stand," Chicago Daily Journal, 22 July 1924.
16. "Franks' Parents Testify; New Scandal Suppressed," Chicago Daily Journal, 22 July 1924.
17. "Crowds Sit Tense at Franks Hearing," Chicago Daily News, 23 July 1924. 18. "Mrs. Franks on Stand; Shown Son's Clothes," Chicago Daily Journal, 22 July 1924; "Parents of Franks Testify," Chicago Daily News, 23 July 1924; "Mrs. Franks, Grief Bowed, Is Center of Interest," Chicago Daily News, 23 July 1924.
19. "Mrs. Franks on Stand"; Trial Transcript, fols. 107-110.
20. "Jacob Franks Describes How Youths Worked," Chicago Daily Journal, 22 July 1924; Trial Transcript, fols. 78-84, 100-103.
21. Trial Transcript, fols. 71-72.
22. Genevieve Forbes, "State Closes Case Today," Chicago Daily Tribune, 29 July 1924.
23. Sam Putnam, "Court Fans, Alert for Thrills, Turn Eyes to Darrow," Chicago Evening Post, 30 July 1924.
24. "Boys Primp for Big Day," Chicago Daily News, 30 July 1924. 25. "Doctor, on Stand for Hours, Tells Name and Nothing More," Chicago Daily Journal, 31 July 1924; Genevieve Forbes, "Calm Alienist Storm Center of Franks Trial," Chicago Daily Tribune, 31 July 1924.
26. Trial Transcript, fols. 978-979.
27. Ibid., fols. 981-982.
28. Ibid., fols. 982, 999, 1000-1001.
29. People v. Geary, 297 Illinois 610-611 (1921); "T. J. Fell Tells Jury How Geary Killed Reckas," Chicago Daily Tribune, 24 July 1920; "5,000 Hunt Gene Geary, Mad Gunman," Chicago Herald and Examiner, 29 May 1920. 30. "Geary Warns Police He'll Fight to Last," Chicago Herald and Examiner, 30 May 1920; "Jurors Acquit Geary; Verdict Arouses Hoyne," Chicago Sunday Tr ibune, 7 March 1920.
31. People v. Geary, 297 Illinois 612-613 (1921).
32. Illinois Revised Statutes, Chapter 38 (Criminal Code), Section 285 (1917). 33. "Geary Violent in Cell; Doctor Starts Inquiry," Chicago Daily Tribune, 3 February 1921; " 'Gene' Geary Tries Suicide; Nerve Fails," Chicago Daily Tr ibune, 25 April 1921.
34. "Geary Will Ask Jury to Save Him from Rope," Chicago Daily Tribune, 14 May 1921.
35. "Judge Will Name 3 Alienists to Fix Geary's Fate," Chicago Daily Tribune, 20 May 1921; "Gene Geary Held Sane; Expected to Hang June 17," Chicago Daily Tribune, 1 June 1921.
36. People v. Geary, 298 Illinois 242 (1921).
37. "Geary to Asylum," Chicago Daily Tribune, 24 September 1921. 38. Editorial, "Geary Beats the Rope," Chicago Daily Tribune, 26 September 1921. 39. Trial Transcript, fols. 981, 986-988, 1011, 1014.
40. People v. Lowhone, 292 Illinois, 34-36 (1920); "Innocent Man Is Killed Last Friday Morning When Frank Lowhone Shoots Max Nottingham," Carmi Tr ibune-Time s, 10 April 1919.
41. People v. Lowhone, 296 Illinois, 400, 404 (1920); "Lowhone Is Executed," Carmi Tribune-Times, 15 April 1921.
42. Trial Transcript, fols. 1120-1121.
43. Ibid., fols. 1213-1214.
44. Charles V. Slattery, "Loeb and Leopold Win First Court Fight; Alienists Permitted to Go on Stand," Chicago Herald and Examiner, 31 July 1924.CH A P TER 13 : PSYCHI ATR ISTS FOR T H E DEFENSE
1. Trial Transcript, fols. 1344-1345.
2. Ibid., fol. 1556.
3. Ibid., fols. 1691, 1708-1709.
4. "Killers' Dream Life Bared," Chicago Daily News, 1 August 1924; Trial Transcript, fol. 1245.
5. "Victory Stirs Defense," Chicago Daily News, 1 August 1924.
6. Ibid.
7. Trial Transcript, fols. 1279, 1283-1286.
8. Ibid., fols. 1284, 1293.
9. Ibid., fol. 1296.
10 . Ibid., fols. 1317-1318.
11. Ibid., fols. 1318, 1329-1330, 1336, 1340.
12. William Alanson White Notes (Leopold), fol. 19.
13. Trial Transcript, fol. 1342.
14 . Ibid., fols. 1342-1345.
15. Ibid., fol. 1349.
16. Ibid., fol. 1360.
17. Ibid., fols. 1391, 1407.
18. Ibid., fol. 1409, 1411.
19. Ibid., fols. 1412-1413.
20. Charles V. Slattery, "Crowe Accuses Alienist of Trickery," Chicago Herald and Examiner, 3 August 1924; John Ashenhurst, "Crowe Wages Fight on 'Dream' Defense," Chicago American, 2 August 1924; "Leopold Expects to Hang; Knew Murder Wrong--Expert," Chicago Daily Journal, 2 August 1924; "Alienist's Tilt with Crowe as Shown by Q. & A.," Chicago Sunday Tribune, 3 August 1924. 21. "Boy Slayers Posed to Fool Alienists, Prosecutor Hints," Chicago Daily News, 2 August 1924; Genevieve Forbes, "Insanity Fixed, Crowe Hints," Chicago Sunday Tribune, 3 August 1924.
22. "Dejected? No, Just Thinking Out Next Move," Chicago Herald and Examiner, 3 August 1924.
23. "Concedes Even 'Superman' Might Make Mistakes," Chicago American, 4 August 1924.
24. Genevieve Forbes, "Expert Paints Crime-Twins," Chicago Daily Tribune, 5 August 1924.
25. "Slayers' Baseness Is Depicted," Chicago Daily News, 4 August 1924. 26. Trial Transcript, fols. 1467, 1524. On their emotional capacity, see Trial Transcript, fol. 1473.
27. "Hang the Slayers, Billy Sunday Says," Chicago Herald and Examiner, 5 June 1924.
28. "God Committed Death Penalty into Hands of State, Says Pastor," Chicago Herald and Examiner, 4 August 1924.
29. "Life of Child, Half Million Price of Thrill," Chicago Daily Tribune, 8 August 1924.
30. "Scores Boy Killers Case," Chicago Daily News, 5 August 1924; Thomas R. Marshall, "Imprison in Spite of Insanity," Chicago Daily News, 9 August 1924.
31. "Blames Parents of Dick and Babe for Criminality," Chicago Daily Tribune, 5 August 1924.
32. Lynn Dumenil, The Modern Temper: American Culture and Society in the 1920s (New York: Hill and Wang, 1995), 145-200; Michael E. Parrish, Anxious Decades: America in Prosperity and Depression, 1920 -1941 (New York: Norton, 1992), 71-93, 98-104, 147-149.
33. Kenneth T. Jackson, The Ku Klux Klan in the City, 1915-1930 (New York: Oxford University Press, 1967), 95, 109 ; Sam Putnam, "Caverly Gets Threat Letters Signed 'K.K.K.'," Chicago Evening Post, 6 August 1924. 34. Putnam, "Caverly Gets Threat Letters"; "Guard Hartman Home Following Kidnap Threats," Chicago Evening Post, 19 June 1924; "Franks Home Offered for Sale," Chicago American, 19 August 1924; "Grewsome Symbol of Death Is Left Near Home of Loeb," Chicago Daily Tribune, 19 August 1924.
35. Putnam, "Caverly Gets Threat Letters"; Genevieve Forbes, "Darrow Calls Public Opinion Unfair to Boys," Chicago Daily Tribune, 4 August 1924.
36. Trial Transcript, fol. 1691.
37. Ibid., fol. 1692.
38. Ibid., fols. 1705-1706, 1711-1712.
39. "Loeb Killed Franks, He Tells Alienist," Chicago Daily News, 6 August 1924; Trial Transcript, fol. 1747.
40. Maurine Watkins, "Know Children, Expert's Word to All Parents," Chicago Daily Tribune, 7 August 1924.
41. Kathleen W. Jones, Taming the Troublesome Child: American Families, Child Guidance, and the Limits of Psychiatric Innocence (Cambridge, MA: Harvard University Press, 1999), 3-8, 44-50; David Spinoza Tanenhaus, "Policing the Child: Juvenile Justice in Chicago, 1870-1925" (PhD dissertation, University of Chicago, 1997), 332-353.
42. "Bares Loeb's Story of Strangling Plot," Chicago Daily News, 8 August 1924; "Nathan's Nature Kind, Dr. Hulbert Asserts," Chicago Daily News, 9 August 1924.
43. Trial Transcript, fols. 1988-1989.
44. Ibid., fols. 1989-1990.
45. Ibid., fols. 1991-1992.
46. Genevieve Forbes, "Slayers' Gland Systems Blamed for Diseased
Minds," Chicago Sunday Tribune, 10 August 1924; Trial Transcript, fols. 1992, 1994, 1998, 2000.
47. Trial Transcript, fols. 2056-2058.
48. John Ashenhurst, "Tell Loeb's Glee as Mother Talks of Tar and Feather," Chicago American, 8 August 1924; Genevieve Forbes, "Loeb Hears Self 'Dissected,' " Chicago Daily Tribune, 9 August 1924.
49. Trial Transcript, fols. 2061-2062.
50. Forbes, "Slayers' Gland Systems."
51. Trial Transcript, fol. 2062.
52. Ibid., fols. 2067-2068.
53. Ibid., fol. 2068.
54. Ibid., fols. 2063, 2069.
55. Ibid., fol. 2069.
56. John Ashenhurst, "Ex-Sweethearts of Leopold Aid State in Gallows Fight," Chicago American, 9 August 1924; Charles V. Slattery, "Leopold Like Man of 45, Says Expert," Chicago Herald and Examiner, 10 August 1924.
57. Trial Transcript, fols. 2069-2071.
58. Ibid., fols. 2073-2076.
59. Ibid., fols. 2092-2093.
60. Horry M. Jones, "A Simple Device for Measuring Basal Metabolism," Journal of the American Medical Association 75 (21 August 1920): 538-539; Robert C. Lewis, "The Jones 'Metabolimeter,'" in Frank B. Sanborn, ed., Basal Metabolism: Its Determination and Application (Boston, MA: Sanborn, 1922), 80-135.
61. Trial Transcript, fols. 2093-2094.
62. Ibid., fols. 2096-2097.
63. Ibid., fols. 2097-2098.
64. Ibid., fols. 2098-2100.CH A P TER 14 : PSYCHI ATR ISTS FOR T H E STATE
1. Trial Transcript, fols. 2656-2657.
2. Ibid., fol. 2711.
3. Ibid., fol. 3042.
4. Ibid., fol. 3328.
5. "Double Guard over Loeb and Leopold," Chicago Herald and Examiner, 18 August 1924.
6. "Fools Folks on Piano," Chicago Daily News, 18 August 1924; Sam Putnam, "Leopold Explains Taste in Music as He Pounds Piano," Chicago Evening Post, 18 August 1924.
7. "Double Guard."
8. W. H. Carwardine, "Outlawing of War, Return of the 'Slipper Age,' Urged by Pastors," Chicago Herald and Examiner, 18 August 1924.
9. John Herrick, "Franks Trial Now Entering Final Phases," Chicago Daily Tr ibune, 18 August 1924.
10 . Trial Transcript, fols. 3320-3323, 3325-3326.
