The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-10


degree
Mr. Jerome then went briefly into the
| law covering the various classes into
which homicide Is divided, describing
each.
If you find that this defendant was
| insane when he killed Stanford White
IL is your duty TO say so in your verdict
II you do not say so il is because you
| believe that this crime was Justifiable-
JusrifabIe does not mean dementia
Americana; II means self defense But
when a man sits with his head in his
hands and is deliberately shot with a
pistol held so close TO him that after
the shooting the victims own brother
In-Iaw did not recognize him, il can
hardly be called self defense east of
the Mississippi river
Four Verdicts Possible.
There can be logically but one of
four verdicts returned by you-murder
in the first degree, because there was
not only design but premeditation,
murder in the second degree. because
there was design but no generalization;
manslaughter. because there was neith-
er design or premeditation but merely
the heat of passion; OF lastly, not gull
~. because OF insanity
Gentlemen of the jury. it is for coun-
sci TO appeal to you as they themselves
see their duty. To me the duty points
only TO an appeal upon the evidence in
court Counsel should not inject other
things into this case. An effort to in
flame your passions and TO turn your
minds from the issue in this trial to an
other case is not considered the duty of
counsel on the Atlantic seaboard-
Your oath binds you TO render your
verdict upon the evidence and that
alone You must reach your verdict by
purely and plainly an intellectual pro-
cess-as you would dispose of problem
in geometry, an equation in algebra
tn - p r1a~T Vnr q m "a
the sole judges of this issue and you are
TO Judge by the facts. You must take
the law as the court gives it to you
If we are going into the proposition
of sympathy in this trial can be play
ed upon by both sides Have you thought
of the widow in Cambridge and the
fatherless in Harvard 1 mention this
that you may see the question of
sympathy has naught TO do with the
issues here"
Mr. Jerome next quoted at length
from the examinations of the twelve
jurors. reminding them of their oaths
and what they promised while being
selected 70 serve
Whether you believe the story told
by this girl. whether or not you be-
lieve in the sublime remuneration she
made of Thaw's offer of marriage,
your sympathies are bound to assert
themselves in one form or another.
There is here ever element to arouse
your passion. You can't help it. But
when you retire to consider your YER
dict you must lay aside and guide
yourselves by intellectual processes"
Reasonable Doubt
Mr.. Jerome discussed the question
of reasonable doubt He said it was
such a doubt as man would act upon
n matters pertaining to his own prf-
Tate affairs and nothing more
''It must be a doubt of which you
ire reasonably or morally certain. A
doubt is not mere whim.
On the subject of insanity you jurors
we're carefully examined" said Mr.
Jerome. You swore you would not
inject any ideas of your own into your
but take the law as it was
aid down to you by the court You
'wore you would accept only that form
1f insanity which deprIyeS a man of
he knowledge of the nature and quail !
ty of his act or that it is wrong-that
s. against the current morality of the
You did not swear to
bring this dementia Americana into
he case"
Each mention of "dementia Ameri-
ana" was uttered by Mr.. Jerome with 7
sarcastic infection
"Dementia Americana, men he (
aid, has no place in your verdict /
on swore TO take no higher law than /
he law Of your state Dementia /
Americana
What is the dementia Americana /
or three years and then kills? 1t
waits three long years and grows bit .
er and then strikes
'Dementia Americana-that ffaunts
he woman for whom it kills through .
he cap pitals Of Europe for two years
IS its mistress Is that the higher
aw?
NO. gentlemen. the higher law does
lot hide itself under the hem of a
skirt
'Dementfa Americana-is that the
aw which puts a woman up to tell of
Ter shame-or misfortune as the case
nay be-to all the world in the hope
[ will shield worthless life from the 4
,eople's just demand2
That is not the kind of law you
wore to accept and if you do it, men,
ou violate your oaths-'
illustrates by Diagram.
Mr. Jerome took up the evidence of
he witnesses for the people on the
irect case. and with the aid of a large
iagram showed the jury how Thaw
moved about the roof garden before
nd after the shooting He referred to
he testimony of James C1inch Smith. !
" Do you remember Truxton Beale
nd the case of two men and a wo-
nan2' Thaw asked Smith
Perhaps, gentlemen, my learned
riend from the Pacific slope remem-
'ers it; perhaps he remem bers that
ase of dementia Americana.
'-ThaW walked deliberately across the
oof garden and in such manner that I
is enemy should have no chance TO
efend himself. then turned suddenly
nd. holding the pistol so close to Stan
ord Whites head that after he was
cad Mr.. Smith. his brother-in-law. did
ot know tim because of the powder
marks, fired once, twice. three times
Mr. Jerome picked up the pistol from
he table in front OF him and as he
poke the words, punctuated them by
ulling the trigger three times.
Deliberately he shot the man who
ad barred him from clubs, who had
nee taken from him the woman he
1ved and threatened to take her away
gain and then my learned opponent
els you ne stood with his arms ex-
ended. like a priest disnissing a con-
regation- I did net see anything in
he evidence about that.