The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-17
REVIEWS THAW CASE
District Attorney Jerome Pays Tribute
to DeImas' Ability.

Lakewood. Conn, April 17.-District
Attorney Jerome. in reviewing the
Thaw trial, said:
perhaps in no murder trial in the
world were there ever such singular
conditions presented as IN this case
Here was Thaw indicted for murder IN
the first degree, and, under the general
plea of not guilty, he set UP the spec
iaI plea hat he was insane when he
shot Stanford White. did not know
when Thaw was called for trial whetn-
CT he was actually sane or insane and
1 relied upon the presumption of law
that every man is of sane mind until
the contrary is shown
t notified the aIienists representing
the state that L wanted them to ap-
proach the case with their mind open
and impartial. not in any sense as wit
nesses for the prosecution but as my
advisers to give me their honest Opin-
ions as to the mental condition of the
defendant These alienfsts reported to
me that Thaw was paranoIac- OBJ
served Thaw continually from every
angle during the progress of the trial
and my own judgment was that he was
not mentally balanced
THE opinions of some Of the news
paper men who had watched the de-
fendant daily in the court room COIN
eided with my views as to his present
mental condition and 1 felt it my duty
to esta bIish his condition as We saw
ii. Counsel for the defense apprecia-
ted the move and raised every obstacle
possible 10 thwart it.
The IunScy commission appointed by
Justice FITZGERALD declared that Thaw
was sane and able to consult with coun-
sell This being a judicial determina-
ton. 1 was compelled to accept it. re-
gardIess of my personal opinion Upon
the straight issue Of insanity, would
have had something OF a problem to
meet. but Lawyer Dalmas. at the con-
cIusion of his argument. practically
substituted -denentia Americana or
the higher law for the defense of in
Il
view of he evidence in the case.
"Oue of the marked features of the
trial was the demonstration of the hm1-
tations made by the rules OF evidence
in the testimony of Evelyn Thaw- The
prosecution was held fast by the rules
of law and the faIsity of her accusa-
ton against White could not be dem
oustrated by proof 1t certainly must
ing attack upon the character of a per
son cannot be exposed under the con-
dition set up in the Thaw case
Evelyn Thaw impressed me as a
woman without emotion or apprecfa-
ton of the position in which she was
placed by her own story She is in |
teIlectuaI only and perhaps the most |
striking Illustration of her failure to |
understand the situation was the COM |
ment made while she was under cross |
examination. that I was a humorist-
Her direct examination created an 1
atmosphere in the court room decid- |
days and weeks passed. the effect OF 1
ner story Iessened gradually and even
those who had believed It at first /
doubted its accuracy Lawyer Delmas 1
made all that possibly could be made /
out of Evelyn Thaw as a witness The /
senior counsel ror the defense was |
brilliant in spite Of the handicap put |
uron aim by the junior counsel. who /
evidently had not prepared the case
with unity and a settled theory. and /
in spite of the handicap of saving a
client who assumed superior knowl-
edge and dictatorial mana cement.
'T have been interested in the criti- /
cism and comment made upon the /
Thaw trial by the London newspapers
Forefzuers do not understand the [
situation here at all In London the /
Judges are paid $4,000 a year. about |
six times as much as the judges of the
United States supreme court and are
selected because Of their enlinence as
iurfsts. In London the court is the
Judge of the fact as well as the law,
and fnstructs the jury as to the value
Of testimony as well as to the law. It
Is therefore easy for a judge to estab-
IfsF limitations to evidence and
save time in trying a case There isl
no appeal from a verdict in England
and a judge is absolute
Weather Indications