The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-09
DELMAS IS DONE.
Thaw's Attorney Renews His
Argument Begun Yesterday.
Holds Rapt Attention of Jury
and Spectators.
IN SCATHING TERMS.
lie Denounces the Victim OF the
Defendants Pistol.
IN SCATHING TERMS
Pictures Love of ThaW for
Evelyn in Glowing Language.
District Attorney Jerome Not
Present During Argument.

New YORK, April 9-OeAuldS CoH-
cluded his argument in the Thaw case
at 3:17 O'Clock. He spoke altogether
five and one-quarter hours. AS soon
as he had finished court adjourned
until 1890 O'Clock tomorrow morning
when District Attorney Jerome will
begin his final argument for the state.
New York, April 9.-Not since the
day when Evelyn Thaw gave to the
world the story of her life has the
court room, where the final scenes of
l. the Thaw trial are now being enacted,
Sheen so crowded as 1t was today The
attraction was Dolphin NJ. Delmas.
the San Francisco lawyer, who today
continued his summing up for the de-
fense. Mr.. Delmas began his final plea
yesterday afternoon and after speak
ing two and a half hours his voice be-
came so husky as to necessitate an ad-
journment. He was in good voice
again when the proceedings were re-
sumed and at the outset promised to
be even more effective than he was
yesterday.
Despite the inclement weather.
snow storm without-the court room
was besieged an hour before the time
for the opening, a large percentage of
the spectators being women
With much difficulty the police sue
ceeded in keeping the crowd down to
the actual seating capacity, so that al
though every available bit of space
was occupied. good order prevailed
while Mr.. Delmas was making his ap-
peal to the jury. Members of the
Thaw family as usual were among the
early arrivals. Evelyn Thaw was a
trif1e late but arrived in time to hear
the opening sentences A new figure
appeared in the Thaw group today 1t
was that of Mrs. Edward Thaw. who
accompanied her husband and her
siSter-fn-law the Countess of Var
mouth. Mr. and Mrs. James Carnegie
also were present.
District Attorney Jerome was again
absent today during Mr.. DeImas'
speech.
Delnas Resumes.
When Mr.. Delmas arose to resume
his argument he told the jury he
would endeavor to be as brief as pos
sible in order not to tax their patience
and to relieve them of their onerous
duty as speedily as consistent with the
responsibilities resting upon him
when I am done,' said Mr. Del
mas, 'I shall give the fate of my client
,fidence.''
Mr.. Delmas said it would be neces-
sary TO cast rapid glance over his re-
marks of yesterday in order to con-
meet the threads of his argument.
The state. Mr.. DeImas said, had at
tempted to set the scene for the last |
act in the deplorable tragedy upon |
the f:msy basis of an affidavit dictated !
by "a felon-a man convicted of per-
jury"
Mr.. Delmas quoted briefly from the
speech of District Attorney Jerome /
when Abraham H. HummeI was up
for sentence. At that time Mr.. Je- /
rome urged the maximum penalty of
the law on the ground that HummeI
mad been a menace to the commun- /
ity for twenty years"
OF the story of Evelyn Nesbit told /
upon the witness stand, Mr.. Delmas
said:
You know. gentlemen of the jury !
that no human imagination ever In /
vented such story. You know that +
no actor could have stood as she did
unf1inchingly, all the tests known to /
skilled lawyers to elicit the truth un- !
less she was telling the absolute .
truth
Il shall now proceed" went on Mr.. /
the effect of this story on the mind of
Harry X Thaw. I shall prove this to .
You without using any language of my
own; I shall tell you the story in .
Fvelyn's words. the words you heard .
her use on the stand
Reads Evelyn'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
lAS uOOTs MS ndllS ana SODDinR.
He then read that portion of her
testimony in which she said she had
refused Thaw's offer of marriage be-
cause she loved him so much that she
would not drag him down.
Sublime renunciation' saws the
.neering district attorney in an effort
to make you believe that this story is
not true: that it IS impossible" went I
on Mr. DeImas. But 1 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 renuncia-
lion, but in the gentler breast of wo-
man do we find that great gift of God,
and in the breast of this little girl ex-
sted this greatest strength that en-
abled her to put aside her one love
when she knew it was for the good of
he one she loved"
Arguing along this line to further
Demonstrate Evelyn's sublime re
lunciation'' Mr.. Delmas referred to
md read abstracts from the letter
which Thaw wrote to Attorney Long
fellow in September, 1903. In his
etter Thaw wrote that he had pro-
posed marriage to Evelyn, but she had
-efused point blank because "she said
t would shut me out from my rela-
ives
The Letter to LongfeIlow
THE genuineness OF this letter. Mr..
Oelnas argued, ''can not be denied
vShat, then, did 1t mean when Thaw
wrote to Mr. Longfellow that Evelyn
would not marry him?
lis IL not true that she had refused