Samuel Leibowitz was a famous U.S. criminal defense lawyer and later Kings County Judge.
From the Ottawa Citizen: Tuesday, January 26, 1960—Page 13
“On the question of capital punishment as a deterrent, Judge Leibowitz said that cases had come to his attention wherein criminals had committed robberies with unloaded guns. ‘They later told police they didn’t load their guns because they feared someone might be killed, and they didn’t want to get the chair,’ he said. ‘This cannot be overlooked in examining the question of capital punishment.’”