The Montgomery advertiser., 1907-04-10


 Countess of Yarmouth. MT. and Mrs. / Carnegie also were present.
 When Mir. Delmas arose to resume his argument he told the jury he would endeavor to be as brief as possible In order not to tax their patience and to relieve them of their onerous duty as speedily as consistent with the respon- abilities resting on him.
 'when am done," said Mir. Delmas. '.I shall give the fate of my client into your hands with every confidence"
 MT. Delmas said it would be neces. sary to cast a rapid glance over his meet the threads of his argument.
 ''The State," Mir. Delmas said, had attempted to set the scene for the last act in the deplorable tragedy. on the flimsy basis of an affidavit dictated by q felon-a man convicted of per jury"
 MT. DeImas quoted briefly from the speech of District Attorney Jerome when Abraham H. Hummel was up for sentence. At that time MT. Jerome urged the maximum penalty of the law on the ground that Hummel had been a menace to the community for twenty years"
 Of the story of Evelyn Nesbit, told on the witness stand. MT. Delmas said:
 You know, gentlemen of the jury, that no human imagination ever in- vented such a 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"
 Effect of Evelyn's Story.
 T shall now proceed" went on Mir Delmas. fin an effort to depict to you the effect of this story on the mind of Harry K. Thaw. I shall prove to you without using any language of my own. I shall tell you the story fin Eve 1yn's word; the words you heard her use on the stand"
 MT. 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 Eobbing
 He also read that portion of her tes- timony in which she said she had re- fused Thaw's offer of marriage be- cause she loved him so much that she would not drag him down.
 Sublime renunciation, says the sneering district attorney in an effort to make you believe that this story is not true, that 1t is impossible" went on MT. Delmas. But shall prove to you that 1t Is true I 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 greater power of renun- ciation, but in the gentler breast of woman do we find that great gift of God and in the breast of this little girl, existed this great strength that enabled her to put aside her one love when she knew it was for the good of the one Ehe loved"
 Arguing along this line to further demonstrate Evelyn's sublime renun- ciation" MT. Delmas referred to and read abstracts from the letter which Thaw wrote to Attorney Longfellow in September, 1903. In this letter Thaw wrote that he had proposed mar riage to Evelyn, but she had refused noint blank because "she said it would shut me out from my relatives
 ''The genuineness of this letter" At torney Delmas argued, "cannot be de- nied. What then, did it mean when Thaw wrote to MT. Longfellow that Evelyn would not marry him.
 Considered His offer.
 "Is it not true that she had refused? rhaw wrote that she thought first and then reflected his offer. Yes, she thought She looked on the man she loved. she looked on her own past, ana she did not want to bring reproacn on the man who would have married her. .ia
 "Down in her noble. heart she said, Harry. I love you, ard because so leave you. I do not want to lie y unfortnnate existence to yours; so that naon1e would point the finger or scorn a. 1rou want to leave you free ana the moment you think it IS pest TOT vou I will go my sad way. Will go SecL and earn my own living and you shall be free and honored. Go oack to vour noble mother and dear sisters and I shall go down. where 50 many others have gone peIore hie' "hu "'S appear from the world.
 "yes. she thought. The sheer or the s,.trict attorney is unjustified The little girl did sacrifice herself, did rise to the heights of sublime renuncia- tion. .. Me rhaw's testimony and went on.
 .sT,iS that venerable gray haired v,otber come here to perjure herself? D,d she invent this story which she .avs her son told her? Or did he tell aa ,,ntruth when he confided to his loved mother and told ner that ne loved this girl and wanted to devote bis life to her? And all this time that little girl was going along using the talents God had given her to make a 
 the wealthy man who loved her and whom she loved, because she thought it was for the best for him. Oh, sub lime self abnagation.
 Condition of Thaw's Mind.
 MT. Delmas read at length from Eve Ivn'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 men tal suffering seemed to increase.
 .Such was the condition of Harry Thaw's mind when, in the fall of 1903, he parted from Evelyn Nesbit in Flu rome and sent her back to New York ahead of him. There, gentlemen. you have dawn of the mental condition which manifested itself three years af- terward.
 'The foundations of his reasons were undermined. s The storm had not burst, but the clouds were gathering from the four points of the compass, ana from them the lightning and thun- der were to burst in three years and astound the world"
 MT. Delmas turned again to young Mrs. Thaw's testimony and repeated that part of it in which she had re- fused to see him after he had followed