It's hard to summarize this, because there's a lot to it.

While they were awaiting the judgment of L&L in the Franks murder, the Chicago papers had nothing to report, as the day to day stuff was over. So they partook in "innovative journalism." The speculation they printed about is if Leopold and Loeb could have been involved in other ghastly murders. They centered their attention on a brief, one-paragraph reference buried in the middle of the section of the Hulbert and Bowman report devoted to Richard Loeb. These were the so-called ABCD crimes that the State's Attorney Crowe hammered on time after time in the closing hours of the hearing.

Hulbert and Bowman, which documeted the criminal activities preceding the Franks murder, said Loeb denied at first any more delinquencies other than those detailed in the report, by later referred to "four episodes, for which the letters, A,B,C, and D were suggested. There's a lot more to what the crimes were, which I won't go into.

However, the Tribune seemed to think there was something to it, and the two were guilty of not one crime, but 5. So, in its September l, 1924, editions attempted to unravel the RIDDLE POSED BY ABCD. In a front page story the Tribune suggested four unsolved crimes might have been done by L&L...which caused a flurry of more articles...and interest by the public. It was never solved one way or the other.

In l953, there was an unpublished memo from the files of the Chicago Sun-Times which later shed some light on the question. There supposedly was an agreement between Clarence Darrow and Crowe not to bring out at the trial any "filthy testimony not needed to convict." There were reports by "alienists" (?) that Crowe didn't make any attempts to delve into these other crimes, because he already had a "hanging case." Anyway, Hal Higdon, in his book "Leopold & Loeb, The Crime of the Century" devotes a whole chapter to the riddle of ABCD.
 

http://www.leopoldandloeb.com/castlefarms.html  .....loeb mansions

 

Clippings of Leopold and Loeb trial for mutilation of taxicab driver Charles Ream (photostatic copies; positives), 1927

Inventory of the Robert W. Bergstrom Papers, 1924-1999, bulk 1959-1970

 


The Newberry Library
Roger and Julie Baskes Department of Special Collections
60 West Walton Street
Chicago, Illinois 60610-7324
USA
Phone: 312-255-3506
Fax: 312-255-3646
E-Mail: specialcolls@newberry.org
URL: http://www.newberry.org

Machine-readable finding aid encoded by Alison Hinderliter, 2005.

©2005.


   

Descriptive Summary of the Collection

Creator Bergstrom, Robert W., 1918-
Title Robert W. Bergstrom Papers
Dates 1924-1999,
Dates bulk 1959-1970
Extent 8 cubic ft. (12 boxes, 1 oversize box, and 4 microfilm reels)
Abstract Research and legal case files for the 1924 Leopold and Loeb murder criminal court proceedings, and the 1959-1970 civil suits of Leopold vs. Meyer Levin et al. over Levin's book Compulsion. Bergstrom represented Levin in the latter case.
Language Materials are in English.
Repository Newberry Library, Roger and Julie Baskes Department of Special Collections
Collection Call Number Midwest MS Bergstrom
Collection Stack Location 3a 35 10 and Microfilm Storage

Administrative Information

Cite As

Robert W. Bergstrom Papers, Midwest Manuscript Collection, The Newberry Library, Chicago.

Provenance

Gift, Robert W. Bergstrom, 1999.

Processed by

Alison Hinderliter, 2005.

Access

The Robert W. Bergstrom Papers are open for research in the Special Collections Reading Room; 1 box at a time (Priority III).

Ownership and Literary Rights

The Robert W. Bergstrom Papers are the physical property of the Newberry Library. Copyright may belong to the authors or their legal heirs or assigns. For permission to publish or reproduce any materials from this collection, contact the Roger and Julie Baskes Department of Special Collections.

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Biography of Robert W. Bergstrom

Robert Bergstrom was born in Chicago in 1918. In 1940, he was admitted to the Illinois bar and began his practice in Chicago, specializing in representing entertainment corporations. In 1959, Bergstrom took a case representing Twentieth CenturyCompulsion.-Fox Film Corporation, Darryl F. Zanuck Productions, and fifty-seven motion picture theaters that had exhibited the film The film was based on the book of the same name by Meyer Levin, which was a fictionalized account of the famed "Crime of the Century", the 1924 kidnap/murder case of Leopold and Loeb. Nathan F. Leopold Jr., the surviving partner of the criminal duo, brought suit for an accounting for profits (approximately $2,900,000) for the use of Leopold's crime and trial. After several trials and appeals, the decision was finally made in favor for the defendants (Meyer Levin et al.), in 1970.

Amongst many other awards and distinctions, Bergstrom has a Preeminent Bar Rating from Martindale-Hubbell, and a star on the Hollywood Walk of Fame in thanks for his work with the motion picture industry. On November 28, 2003, Arizona Governor Janet Napolitano declared it Robert W. Bergstrom Day in Arizona.

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Scope and Content of the Collection

Case files, exhibits, and testimony regarding People of the State of Illinois vs. Nathan F. Leopold, Jr. and Richard Loeb (1924), and several civil suits of Nathan F. Leopold, Jr. vs. Levin, et al.

Leopold and Loeb were University of Chicago students, sons of wealthy and prominent Chicago families. In the first case, Leopold and Loeb (then 19) kidnapped and murdered 15-year old Bobby Franks; the case commanded national and international attention. After their detection and indictment, their parents retained famed lawyer Clarence Darrow to defend them. During the trial, Darrow delivered a long and impassioned speech against capital punishment, and the two young men were sentenced to life imprisonment for murder, in addition to 99 years for kidnapping for ransom. The complete transcript of these proceedings, including Darrow's speech and the psychiatric evaluations of both Leopold and Loeb, is available in this collection on microfilm and on paper. Photostatic copies of related legal documents follow, as do copies of Chicago newspapers from 1924 and 1927 (when Leopold and Loeb were accused of a second murder).

When Meyer Levin published his fictionalized account of the murder and trial in 1959, Leopold sued Levin, the book publishers, and the movie industry and theatres that produced and showed the movie version. (Loeb had been killed in prison in 1936 by another inmate). The latter series of case files cover the progression of suits heard in the Circuit Court of Cook County, in U.S. District Court, and Supreme Court of Illinois from 1959 to 1970. Bergstrom took Leopold's complete deposition in November, 1960, and the transcript for that deposition is in the Illinois Supreme Court's Record on Appeal, Vol. II-A. Exhibits to the case include correspondence, publicity for the book and movie, contracts, screenplays, and books. The exhibits are in paper and microfilm format; the exhibits on microfilm are more extensive and include more correspondence between those involved in producing the motion picture Compulsion.

After the legal files there are some miscellaneous files of research material and other items that might have been used as exhibits in the suits. These include newsclippings, the screenplay adaptation of Compulsion, and two articles written by Leopold on crime and imprisonment.

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Arrangement

Materials organized in sections, with Bergstrom's index and description of the files at the beginning, with a brief summary of both trials. The first section is the transcript from the original Leopold and Loeb murder case; the files following are of the Leopold vs. Levin et al. civil suits. Oversize newsclippings and microfilm reels are listed at the end of the collection (microfilm reels are stored in the Microfilm Storage Room).

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Selected Search Terms

 

The following terms have been used to index the description of this collection in the Newberry Library's public catalog. Researchers desiring additional materials on a particular topic should search the catalog using these headings.

 

Names

Subjects

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Container List

Box Folder Contents
1 1 Bergstrom, Robert- index and description of files, 1999
1 2-4 Leopold and Loeb Case, 1924 - Transcripts, Vol. I, pp. 1-573
1 5-6 Leopold and Loeb Case, 1924 - Transcripts, Vol. II, pp. 574-973
2 7-8 Leopold and Loeb Case, 1924 - Transcripts, Vol. II, pp. 974-1363
2 9-11 Leopold and Loeb Case, 1924 - Transcripts, Vol. III, pp. 1364-1892
3 12-15 Leopold and Loeb Case, 1924 - Transcripts, Vol. IV, pp. 1894-2802
3 16-17 Leopold and Loeb Case, 1924 - Transcripts, Vol. V, pp. 2803-3148
4 18-19 Leopold and Loeb Case, 1924 - Transcripts, Vol. V, pp. 3149-3461-A
4 20-22 Leopold and Loeb Case, 1924 - Transcripts, Vol. VI, pp. 3462-3936
4 23 Leopold and Loeb Case, 1924 - Transcripts, Vol. VII, pp. 3937-4070 (pp. 4055-4059 [part of Darrow’s testimony] is lacking.
5 24-25 Leopold and Loeb Case, 1924 - Transcripts, Vol. VII, pp. 4071-4411
5 26 Leopold and Loeb Case, 1924 - Index: Psychiatric Examination, Nathan Leopold, Jr.,
5 27 Leopold and Loeb Case, 1924 - Index: Psychiatric Examination, Richard Loeb,
5 28 Leopold and Loeb Case, 1924 - Legal and criminal court documents, photostatic copies,
5 29 Leopold vs. Levin et al., Cook County No. 59 C 14087 - Exhibit 1: Levin's novel Compulsion, New York: Pocket Books, 1959
6 30 Leopold vs. Levin et al., Cook County No. 59 C 14087 - Exhibits 2 and 2A: Levin's play Compulsion, New York: Simon & Schuster, 1959 (two copies)
6 31 Leopold vs. Levin et al., Cook County No. 59 C 14087 - Exhibits 3-33: Correspondence and Clippings, various, 1954-1959
6 32 Leopold vs. Levin et al., Cook County No. 59 C 14087 - Exhibit 66 to deposition of Nathan F. Leopold - Leopold's memoir Life Plus 99 Years, New York: Doubleday & Co., 1958
6 33-34 Leopold vs. Levin et al., Cook County No. 59 C 14087 - Plaintiff's Deposition, Abstract, 1960
6 35 Leopold vs. Levin et al., Cook County No. 59 C 14087 - Transcript, Oct. 5, 1960
6 36 Leopold vs. Levin et al., Cook County No. 59 C 14087 - Brief of the "Motion Picture Defendants" in opposition to Plaintiff's motion for summary judgement, Jun. 30, 1961
6 37 Leopold vs. Levin et al., Cook County No. 59 C 14087 - Judge's Orders and motions of defendants, Apr.-May 1964
7 38 Leopold vs. Levin et al., Cook County No. 59 C 14087 - Transcript, Feb. 27, 1965
7 39 Leopold vs. Levin et al., Cook County No. 59 C 14087 - Transcripts, Jan.-Apr. 1966
7 40 Leopold vs. Levin et al., Cook County No. 59 C 14087 - Request for Admissions of Fact, No. 2, and Exhibits A-L, Oct. 3, 1966
7 41 Leopold vs. Levin et al., Cook County No. 59 C 14087 - Transcript, report of proceedings, Jul. 25, 1967
7 42 Leopold vs. Levin et al., Cook County No. 59 C 14087 - Transcript, report of proceedings, Mar. 29, 1968
7 43 Leopold vs. Levin et al., Cook County No. 59 C 14087, transferred to Federal Court, 59 C 1896, Pleadings I, 1960
8 44 Leopold vs. Levin et al., Cook County No. 59 C 14087, transferred to Federal Court, 59 C 1896, Pleadings II, Answers of Defendants to Complaint, and deposition of Ralph G. Newman, ca. 1959-1960
8 45 Leopold vs. 20th Century Fox et al., No. 59 C 1587 and 59 C 1896, Pleadings, 1959-1960
8 46 Leopold vs. Levin et al. - Pleadings VII-A, VII-B, Letter of Jan. 13, 1966 to Hon. Abraham W. Brussell, transmitting current authorities, 1965-1966
8 47 Leopold vs. Levin et al. - Pleadings VIII, Answering memorandum of Defendants filed Jul. 24, 1967, and Appendix A
9 48 Leopold vs. Levin (20th Century Fox Film Corporation) - Pleading IX, Judge Brussell, Chronological History of proceedings and findings, orders and judgement, Mar. 29 and Apr. 1, 1968
9 49 Leopold vs. Levin et al. - Pleadings X, Appeal, 1964
9 50 Leopold vs. Levin et al. - Pleadings X, 2nd Appeal, 1966-1970
9 51 Leopold vs. Levin et al. - Pleadings, X-A, briefs and correspondence certified to Supreme Court, 1968
10 52 Leopold vs. Levin et al., Illinois Supreme Court No. 38912 - Record on Appeal, Vol. I-A
10 53 Leopold vs. Levin et al., Illinois Supreme Court No. 38912 - Record on Appeal, Vol. I-B
10 54 Leopold vs. Levin et al., Illinois Supreme Court No. 38912 - Record on Appeal, Vol. II-A, transcript of Leopold's testimony, Nov. 15, 1960
11 55 Leopold vs. Levin et al., Illinois Supreme Court No. 38912 - Record on Appeal, Vol. II-B, arguments before Judge Kluczinski, 1962
11 56 Leopold vs. Levin et al., Illinois Supreme Court No. 38912 - Record on Appeal, Vol. III-A
11 57 Leopold vs. Levin et al., Illinois Supreme Court No. 38912 - Record on Appeal, Vol. III-B
11 58 Leopold vs. Levin et al., Illinois Supreme Court No. 41498 - Defendants-Appellees' excerpts from record (printed), Sept. term, 1968
11 59 Leopold vs. Levin et al., Illinois Supreme Court No. 41498 - Brief of Defendants-Appellees (printed), Sept. term, 1968
12 60 Leopold vs. Levin et al., Illinois Supreme Court No. 41598 - Oral Argument, May 22, 1969
12 61 Leopold vs. Levin et al., Illinois Supreme Court No. 41498 - Opinion of the Court, May 1969, May 1970
12 62 Murphy, Richard, Compulsion (screenplay), 1958
12 63 Compulsion (film), reviews, 1959
12 64 Leopold vs. Levin et al., Research Material, 1961-1968
12 65 Leopold, Nathan, "Crime and Punishment", in San Juan Review, Nov. 1964
12 66 Leopold, Nathan, "Imprisonment has no future in a free society", in Key Issues, v. 2, 1965
12 67 Leopold vs. Levin et al., verdict, newsclippings about, 1970
13 68 Oversize: Clippings of Leopold and Loeb kidnap/murder trial of Bobby Franks (photostatic copies; negatives), 1924
13 69 Oversize: Clippings of Leopold and Loeb trial for mutilation of taxicab driver Charles Ream (photostatic copies; positives), 1927
13 70 Oversize: Clippings of Leopold's serialized confessions in the Chicago Daily News (photostatic copies; positives), 1927
13 71 Oversize: Clippings, various, 1999
Reels 1-2   Microfilm: Leopold and Loeb Case, Transcripts, 1924
Reel 3   Microfilm: Leopold and Loeb Case, Index: Psychiatric Examinations, Richard Loeb, Nathan Leopold, Jr., 1924
Reel 4   Microfilm: Compulsion – Exhibits (including movie publicity; correspondence with Charles Einfeld, Harry Brand, Bradford Dillman, Richard Zanuck, and others; Contract, Darryl F. Zanuck and 20th Century Fox Film Corporation; lists of theatres showing Compulsion; Itineraries of publicists; Agreements with Pocket books and Simon & Schuster; and Richard Murphy’s screenplay), 1958-1959

The Hulbert Bowman Report

Medical Report by Doctors Hulbert and Bowman

this page is under re-construction and will contain more material as soon as I can get it finished

Examination covered a period of 18 days, June 13 1924-June 30, 1924. A volume was produced for each defandant, one for Leopold, one for Loeb. The purpose of the Hulbert Bowman report was to determine whether a plea of Insanity was viable. An insane plea would still allow for a jury trial. The decision was made, after the culmination of the Hulbert Bowman report, to  change the plea from Not Guilty to "Guilty to Both Charges". The reason for this was not the Hulbert Bowman report directly, but the prospect of two seperate trials, each with a possible sentance of death. State's attorney Crowe would have the advantage of trying the boys first under one charge, then under the other. Darrow then made the decision to plead them guilty to both charges, thereby simultaneously removing the prospect of two trials, as well as removing the jury. As a result, the possibility of death rested squarely on the shoulders of Judge Caverly.

The report exmined Loeb and Leopold's family history, their physical condition, their fantasies, their upbringings, their sex lives, and a myriad of other things. It became the basis upon which the other psychiatrists (alienists) would found their examinations.In July, the Hulbert Bowman report was "stolen" by newsreporters, from Clarence Darrow's office, and was then published. Not quite complete versions of the report can be found in Maureen McKernan's book "The Amazing Crime and Trial of Leopold and Loeb" (1957), as well as "The Loeb'Leopold Case" by Alvan Sellers. (1926) Both works are out of print. The McKernan one is however, far easier to locate used. The Sellers book was written in 1926 and is very rare. Both are edited to pass the censors of each time. (not much seems to have changed in 31 years)

It is worth noting that during the construction of the Hulbert Bowman report, Nathan Leopold and Richard Loeb were housed in different sections of the jail and were still indeed, very angry with each other. They made up, but, according to Nathan Leopold in his autobiography, "Life plus Ninety Nine Years", this was not for six weeks after their arrest. (May 30)

"During our questioning by the police we had seen each other only on those occasions when the authorities wanted to confront us with the contradictions in our stories. Each of us was very angry with the other;Dick because he felt I had betrayed him in using the alibi after what he considered the allowable period; I, because of the lie he was telling about who had struck the fatal blow. And these occasions hardly lent themselves to trying to straighten out our differences. Even after we were put in the county jail the warden took pains to keep us seperated. Assigned to different floors, we hardly saw each other, and then under conditions making serious conversation impossible.

It was not until six weeks after our arrival at the jail, after our pleas of guilty, that Dick was moved down to my floor and we had the chance to talk." (1)

One more oft overlooked fact must be added as a preamble to the Hulbert Bowman report, and that is the attitude of Richard Loeb's brother.

Richard Loeb's father was ill with a heart condition and had gone to their estate in Michigan, accompanied by Loeb's mother. The case was handled, then, by Richard's  older brother Allan,  and his uncle Jacob.

The following is from an unpublished memo of the Chicago Sun Times. The memo was written by Ray Brennan and dated May 19, 1953.It is from an interview conducted that day by Brennan, of State's Attorney Crowe. (2)

"Robert E Crowe recalls that Nathan Leopold and Richard Loeb were reputed to have mutilated two men about two months before the murder of Bobby Franks.

He said that he and Clarence Darrow, defense lawyer, has an agreement not to bring out at the trial any filthy testimony not needed to convict.

Along that line, since the defandants had confessed and there was plenty of supporting evidence to convict, the testimony was sharply limited.

He and Darrow had an agreement not to hold back information or developments from each other, Crowe said.

During the trial, Crowe continued, Darrow came to him with a written report and recommendation made for the defense by two alienists.

The alienists, in their report, urged Darrow to refrain from bringing up any references to homosexuality and to dodge any mention of sex crimes-including emasculation or mutilation offences, according to Crowe."

 

Hal Higdon, in his book, Crime of the Century, tackles the question of Leopold and Loeb's mystery crimes, alluded to in the trial as A,B,C,D. He suggests that these were property crimes for which restitution could have to be made. (arson and burglary) Leopold and Loeb wouldn't care; their families would. To me, this implies that it was the family's concern that wanted the references to these crimes omited. And if we continue with that, then it was also the family that wanted the references to homosexuality not mentioned.

"He recalled that when Loeb had been proposed for membership in their fraternity, they had heard rumors about him and his friend Nathan Leopold. Someone who caught the pair in bed together had claimed they were homosexuals. The fraternity had called Allan Loeb in Chicago to inquire about the charge, and Richard's older brother showed such concern that he traveled to Ann Arbor to talk to the members." (3).

 

sex with corpse

 

Jews drove around with semi nude corpse

 

 

 

The chisel