The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-04-10

them of their onerous duty as speedily
as consistent with the responsibilities rest
ing on him.
DeImas Begins.
when I am done" said Mr.. Delmas.
II shall give the fate of my client into
your hands with every confidence"
Mr.. Delmas said it would be necessary
to cast rapid glance over his remarks
of yesterday in order to connect the
threads of his argument.
The state Mr.. Delmas said had at
tempted to set the scene -or the last act
in the deplorable tragedy on the fimsy
basis of an affidavit dictated by "a felon--
man convicted of perjury
Mr.. Delmas quoted briefly from the
speech of District Attorney Jerome when
Abraham II. Humnel was up for SEN
tence. At that time Mr.. Jerome urged
the maximum penalty of the law on the
ground that Hummel had been a men
ance to the community for twenty years"
OF the story of Evelyn Nesbit, told on
the witness stand, Mr.. De1mas said:
No Human Imagination.
you know, gentleman of the jury, that
no human Imagination ever invented such
a story You know that no actor could
have stood as she did, unflnchingy. all
the tests known to skilled lawyers to
tilcll lUt lTul1, unless she was Telling
the absolute truth"
Il shall now proceed went ON Mr.
Delmas, 'fn an effort to depict to you the
effect of this story on the mind of Harry
*. Thaw. | shall prove this to you with
out using any language of my own.
shall tell you the story in Evelyn's words
the words you heard her use on the
stand"
Reads EveIyn's Story.
Mr.. Delmas then read dramatically the
young woman's story of Thaw's actions
when in Paris in 1903. She told him her
story, how he walked the floor biting his
nails and sobbing,
He also read that portion of her testi-
mony in which she said she had refused
Thaw's offer of marriage because she
loved him so much that she would not
drag him down.
Sublime Remuneration.
Sublime renunciation,' says the sneer-
ing district attorney in an effort to make
you believe that this story is not true,
that 1t is impossible" went on Mr. Del
mas. But | shall prove to you that it is
true, / shall prove to you beyond the
slightest doubt that she did refuse him,
and refused him for that reason alone.
Man, it may be, has not that great power
of remuneration, but in the gentlest breast
God, and in the breast of this little girl
existed this great strength that enabled
her to put aside hef1 one love when she
knew it was for the good of the one she
loved"
Arguing along this line to further dem.
onstrate Evelyn's sublime remuneration"
Mr. Delmas referred to and read abstracts
from the letter which Thaw wrote to At
torney Longfellow in September, 1903. In
this letter Thaw wrote that he had pro-
posed marriage to Evelyn, but she had re-
fused point blank, because" she said, st
would shut me out from my relatives"
Genuineness of Letter.
"The genuineness of this letter." Attor-
ney Delmas argued, cannot be denied.
What, then, did it mean when Thaw
wrote to Mr.. Longfellow that Evelyn
would not marry him?
rs it not true that she had refused?
Thaw wrote that she thought first and
then rejected his offer. Yes she thoug&ts
She looked on the man she loved, she
looked on her own past, and she did
not want to bring reproach on the man
who would have married her
Down in her noble heart she said,
Harry, l love you, and because | love
you, | do not want to tie my unfortun-
ate existence to yours, so that people
would point the finger of scorn at you.
want to leave you free, and the moment
you think it is best for you, | will go
my sad way. | will go back and earn my
own living, and you shall be free and
honored. Go back to your noble mother
and dear sisters, and | shall go down,
where so many others have gone before
me, and disappear from the world.
Jerome Sneers.
Eyes, she thought. The sheer of the
district attorney is unjustified. The little
girl did sacrifice herself, did rise to the
heights of sublime remuneration.
Mr.. Delmas here read from Mrs. Will
liam Thaw's testimony and went on
Ibid that venerable, gray haired mother
come here to perjure herself? Did she
invent this story which she says her son
told her? Or did he tell an untruth when
he confided to his loved mother and told
her that he loved this girl ano wanted to
devote his life to her? And all this time
that little girl was going along using
the talents God had given her to make a
living for self, refusing to marry the
wealthy man who loved her and whom she
loved, because she thought 1t was for the
best for him. oh, sublime self abnega-
ton
Evelyn's Testimony.
Mr. Delmas read at length from Eve
lyn's testimony, recalling the portions of
her story in which she told of the effect
of her story on Thaw's mind and how,
during the months in which she was with
him in Europe, his mental suffering
seemed to increase.
Such was the condition of Harry
Thaw's mind when, in the fall of 1888 ne
parted from Evelyn Nesbit in Europe and
sent her back to New York ahead of
him. There, gentlemen, you have the first
dawn of the mental condition which mani
tested itself three years afterward.
1.-THE foundation of his reasons were UNI
dermined. The storm had not burst but
the clouds were gathering from the four
points of the compass, and from the light
ming and thunder were to burst in three
years and astound the world
Mr.. Delmas turned again to young Mrs.
ThaWs testimony and repeated that part
of 1t In which she told of having refused
to see him after he had followed her
home from Europe because of the dread
full things" friends of Stanford White had
told her about him.
Evelyn told him what had been related
to her regarding the putting of girl IN
a bath tub and turning hot water on her,
of using morphine and tying girls to
bed posts and beating them "Thaw,"
Mr. Delmas added, 'shook his head sadly
and said, Poor Evelyn.
Thaw that Stanford White had taken her
to see Hummel.
His Condition of Mind.
what the condition of his mind was
at that time Is shown to you, gentlemen
by documents of indisputable genuineness.
The letters Thaw wrote to Attorney