The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-04-09

New York. April s.-with the mnacy
commission thing of the past aAd after
Justice Fitzgerald had confirmed its re-
port that Harry X. Thaw Was sane
enough to be tried for his life, Dolphin
M. Delmas. chief counsel for the de-
Tense, this afternoon began his task OF
summing up the case for the defendant.
He spoke for two hours and a half. an
nouncing. when court adjourned for the
day, that he would finish his address at
the morning session tomorrow.
District Attorney jerome was not pres
ent while Mr. Delmas was speaking. hay
Ing retired TO his home in Rutgers street
TO Is'epare his address to the jury which
he will make when Mr.. Delmas has nm
ished. The district attorney is suffer
ing from cold, and he viii not sum
up tomorrow afternoon unless the court
insists upon it. His address is expected
TO be much shorter than that of Mr.
Delmas, while the charge to the jury is
not expected TO occupy more than an hour
and a half There is every reason. there
fore. 10 suppose that the case viii go TO
the jury some time Wednesday.
The California lawyer did not begin his
address TO the jury until afternoon. As
soon as Justice Fitzgerald had taken his
seat upon the bench in the morning, Mr.
Jerome arose and said that from what
he knew OF the contents Of the commits
sion's report, he thought it ought to be
confirmed. Just then the jury filed into
court. Justice Fitzgerald waited long
enough to have the iurymen sent out
port would be confirmed and the trial
would proceed at once. The jury. having
already illustrated the song about the
man who walked right in and turned
around and walked right out again." was
recalled TO the courtroom and the de-
Tense called Dr.. Allan McLane Hamilton
10 the stand. Mr. Delmas began to ask
him about the examination ne made of
Thaw not long after the shooting. when
hit. Jerome objected that this was re-
opening the case.
Justice Fitzgerald took this view also.
despite Mr. Delmas' effort 10 dlssuade
him. The Californian then went outside
the raii and had a whispered conference
with Thaw lasting several minutes. When
that was over, he announced that the de-
Tense rested.
People rest" said Mr.. jerome shortly.
Jury Under Guard.
Justice Fitzgerald then announced that
in accordance with suggestion of coun-
sci for both sides, he had deter
mined that from then until the end
of the case the jury should be kept
together under the same conditions
tions that prevailed up TO the time when
the wife of Juror Bolton died. This means
that the jurymen viii spend all their time
under guard of court officers, and that
they will take their meals and their rest
at the Broadway Central Hotel
Mr. Delmas asked that la be not required
TO begin his summing up until afternoon,
a request the court was disinclined To
grant until the district attorney suggested
that, snasmueh as The order OF segFega-
ton might have been unexpected by the
jurors. they might, perhaps, be glad of
two or three hours time I'm which to regu-
late their private business affairs before
the order went into effect, Thzreupon Jus
tlce Fitzgerald ordered an adjournment
until afternoon, at the same time request
ing counsel 10 furnish him with memo
randa of law points,on which they wished
the jury 10 be charged.
When court reConvened at ? o'clock Mr.
Delmas plunged at once into his argI-
ment- good deal of curiosity had been
1elt as to the manner In which the San
Francisco lawyer would acquit himself of
the important task up to which the whole
trial had been leading Mr.. Delmas left
the West with a reputation as a jury
lawyer, and for some time his friends
nave been prophesying that his summing
up would be masterpiece of legal Oratory
that would cast deep shadow over any
thing Of the sort attempted in the New
York courts in many years.
Crowd to Hear DeImas.
In consequence the courtroom was jam
med when the Westerner commenced 10
speak as it has not been since Evelyn
Nesbit Thaw told her story on the witness
stand. The crowd that hung upon the
Westerner's words soon found that the
Delmas oratory is of the style that was
made popular a good many years ago in
the shadow Of Bunker Hill. and, which.
like the course Of empire. has been taking
its way Westward ever since, until. ap-
parently. It has found a twentieth century
home by the Golden Gate
All through the course of the trial.
whenever Mr. Delmas had occasion Ia
address the court at any length he did
so with the utmost deliberation. Every
word fell from his lips with the clarity
of sunlight Every sentence had a he
ginning and an ending, and marched
straight on from the one to the other.
Every word was distinctly heard to the
limits OF the courtroom. His voice was
sOnorous. his manner digni6ed. his mean
ing indubitable.
All these attributes his speech pos
sessed to-day. But addresses TO the court
and addresses TO the jury are different
affairs There is no room for emotional
effect in a debate upon points of law. To
an address TO twelve jurors there is. Mr..
Delmas str0ve for that effect to-day
with all the resources at his command.
and in the striving he waxed fioridly elo-
quent in the style which he has found
effective way out West. He juggled with
metaphor, he played with simile, he apos-
trophized, and he hurled the hyperbole.
lie summoned an army of adjectives
10 his aid. and of adverbs he was un-
afraid.
Thaw Family Present.
In the course of the noon recess the
late eomers who got in in many cases
had TO resort 10 all sorts of strategy 10
set seats. There was not a vacant seat
within the court when Mr.. Delmas began
speaking. All the members OF the Fhaw |
Boards. wide. bright 500 per 100 It