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/121

 discuss. I hesitated whether to pass it by unnoticed or to speak of it, but feel that I must say something about it, and that was the testimony of Gortland, the policeman. He came into this court, the only witness who said that young Leopold told him that he might get into the hands of a friendly judge and succeed. Your Honor, that is a blow below the belt. There isn't a word of truth in his statement, as I can easily prove to your Honor. It was carved out of the air, to awe and influence the court, and place him in a position where if he saved life someone might be malicious enough to say that he was a friendly judge, and, if he took it, the fear might invade the community that he did not dare to be merciful.

I am sure that your Honor knows there is only one way to do in this case, and I know you will do it. You will take this case, with your judgment and your conscience, and settle it as you think it should be settled. I may approve or I may disapprove, or Judge Crowe may approve or disapprove, or the public may approve or disapprove, but you must satisfy yourself and you will.

Now, let me take Gortland's testimony for a minute; and I am not going over the record. It is all here. He swore that on the night after the arrest of these two boys, Nathan Leopold told him, in discussing the case, that a friendly judge might save him. He is the first man who testified for the State that any of us cross examined, if you remember. They called witness after witness to prove something that did not need to be proved under a plea of guilty. Then this came, which to me was a poisoned piece of perjury, with a purpose, and I cross examined him:

"Did you make any record?"

"Yes, I think I did."