Arizona republican., 1907-11-25


 ing and testified that Thaw had been driven insane by the story told him when he and the girl who was to be- | come his wife were stopping together ! in Paris. Dr. Britton D. Evans. super | intendent of the New Jersey state hos pital for insane. made d world wide | stir by expressing Thaws condition of | mind the night of the tragedy as a | 'brainstorm." The dark clouds had been gathering for a year or more, he declared, and when Thaw saw White ! "glowering" at him on the roof gar | den. at the first night of a summer | extravaganza known as He Cham pagne,' the storm broke and Thaw | fired.
 District Attorney Jerome combatted
 this plea with the testimony of seven experts. all of whom declared that Thaw's insanity was not such as to
 deprive him of knowledge as to the ! wrongful nature of his act. Notwith-
 standing this, however. they agreed with District Attorney Jerome that
 Thaw was medically insane not only at | the time of the shooting but through out the trial, during which they de-
 clared, he was unable intelligently to advise with counsel or to appreciate
 the character of the proceedings against him. The trial was interrupted, it will be
 remembered. by the appointment of a i commission at Mir, Jerome's sugges-
 ton to inquire into Thaw's mental con- ] dition. The commission agreed unan 1 imously that Thaw was able to advise I f.., .g.N derstand all of the proceedings in | court. They examined the young mii-
 lionaire both mentally and physical 1 ly and he came out of the tests with | flying colors. This tended to bear
 out the theory of the defense that Thaw had suffered frcm a brain storm" and that his condition had | wonderfully improved during his stay in jail. It was contended that with
 the death of White the force which
 had formented the disorder was re- moved and that the clouds of blind in
 sanity had broken away.
 When the trial was resumed how 1 ever. and the arguments were begun. 1 Thaw's principal counsel, Dolphin Del
 mas. who came with a brilliant repu-
 tation from the Pacific coast to take charge of the case. threw down the substantial structure of legal insanity which had been built up. tossed it lit-
 erally out of the window. and made
 his plea unreservedly on the 'unwrit-
 ten law" He pictured with great ora-
 tor!ca effect "the wrongcd Evelyn"
 as "an angel child" Thaw alternately ! was d sir Galahad." or "St.
 George destroying the dragon. This line of argument gave District Attor- ney Jerome an unexpected opening and
 he too disregarded the mass of testi-
 mOny tending to show Thaws mental | Responsibility. devoting :iimself to
 ridicule of the heroic roles in which
 Mir. Delmas had cast the defendant
 and his wife MT. Jerome declared the
 tragedy was nothing more than "a
 common. low. vulgar tenderloin mur-
 der. To the 5ury he described Tbaw
 as ''wiiful wretch" indulged from his | youth by wealthy parents and at last turned looF to Float his way through the tenderloin on Ss0.O00 year" The seemingly irrational WI itings of Thaw
 which were placed in evidence. were
 dismissed by Jerome as the work of a rich. Illiterate and nothing more" bsSlElCt altofllsN Jerome and fGdn-
 cis P. Garvan. his first assistant. again 1 will have charge of the prosecution.
 but Thaw has made an important , change of attorneys. Replacing MT
 Delmas as chief counsel will be Martin w. Littleton of Brooklyn. Mir. Little i ton is known as d capable lawyer and : brilliant orator. At the democratic
 national convention of 1904 1t was hc | who nominated Alton B. Parker for the J presidency. MT. Littleton is south | crn man, having been born in Tcnncs-
 see just thirtv-five years ago. He is ! what is generally termed self-madr
 man. having educated himself. He
 began the prat.ctice of law in 1891 and
 moving to Dallas. Texas. served there | for term as assistant prosecuting at
 torney. Later he remived to Brooklyn
 and at once became prominent fig
 ure in politics and at the bar. For four
 years he was assistant district at i torney of Kings county and under the | first Mcclellan administration in
 Greater New York was president of l ,eH