Evening journal., 1907-04-10
Is Addressing the Jury To-
day. Asking For Million
aires Conviction
RIDICULES THE
PLEAS OF DELMAS

crowd for his summing up thdt was mere
to hear jerome.
All Thaws family were on hand early.
Their faces plainly showed that they un-
derstood they had an ordeal to face in the
arraignment Thaw and Evelyn were GER
tain to receive at Jerome's hands. Mrs.
William Thaw and the Countess of Var
mouth both talked encouragingly to Eve
lyn as they sat in the court room, as If to
brace her for the expected attack on her.
It was just 11S5 o'clock when Justice
Fitzgerald entered the court room. A
moment later the jurors marched in. As
| Thaw came through the little oak door in
the rear Of the court room every eye was
on him. He looked only at his family. With
a smile and nod to his wife and mother he
took his seat.
Jerome began:
1--WE seem 20 have Been wandering
through a field Of romance for two days
No matter how fine the orator. we must
not be swayed by what we desire, but we
must remember what the safety Of the
state and the safety of US all demands.
The important issue of mans life can
not be determined by Biblical quotations.
If he had erred at times during the long
hearing. Jerome begged the jurors par
don. He then warned the jurors that the
personality either of Thaw's pleaders nor
himself was in issue. Continuing ne saiu'
.'This is no civil suit 1t is not quar-
rel between stanford Whites executors
< and Harry Thaw. tbs not trial to de-
termine whether Stanford White assaulted
EVELYN Nesbit. II is an issue between the
5 state of New York and Harry Thaw. II Is
an issua ia UNFOLD the safety and right Of
the State.
= I'VE must decide this case on the evil
dence. Upon this evidence given under the
a sanctitv OF an oath on which you must
. render your verdict And I will endeaVor
j 10 show YOU that the evidence shows that
what this defendant did was not justin
able. That in what he did this defendant
disobeved the law, and must answer to the
4 law for it.
let me direct your attention to the ele-
ments which enter into this case. First
,. there is the indictment of the grand jury
This accusation of the grand jury means
. inst what the law says-that premeditaten
q and unjustihable killing is murder. de-
sign to effect the death of another means
lust what the words say.
"a design may mean brooding over
thing for several weeks or it may mean
deliberation only for moment But it
: means taking time to reflect on an act.
Jerome said he would not go into the
Law except so far as was absolutely neces-
sarv He then set forth the possible YER
. dicts-murder in the first degree with pre-
- meditation and deliberation; murder IN
~ the second degree. with the absence Of pre-
= meditation and deliberauon; manslaughter'
Killing in the heat of passion without in
tent to kill or not.guilty because insane
an or because justified.
..1nstieed =" said Jerome, "does not mean
~, ns danontia americana, but it means self
- defense when a man is sitting calmly
"a looking at play and is suddenly sho' uo~i
n no stretch Of imagination on TINS sios
AZ of the Mississippi could call II SER
defence" 80 49,,
can only be certain verdicts reasonably
returned in this case, He enuihela'eo
ID only four logical verdicts this time
st emitting self-defence from the classih-
i cation.
81 Degrees Of Murder
se The four, he said, are;
Murder in the first degree, murder II
tbe second. manslaughter in the first
land acauittal for insanity.
IS, Then Jerome made. an appeal to tn
y, Jurors not ~ allow their sympathies L
er, affect their verdict. incidentally n
. took a slap az Delmas for injecting hi
plea OF sympathy.
Counsel" he said "are required L
present in such a trial such evidence a
IT. IL honestly can, must make such argu
Nv, ments as they honestly can, but the.
ed ,nlIst not inject matters not in eVi
nd dence."
We The district attorney repeated tn
ad definition given by Delmls of a 'rea
lin sonable doubt" Then he went int
en- the question Of insanity and said'
when you were being examined a
Jurors you were interrOgdted abou
dementia Americana. about this highe
law and you swore that 10 higher laV
should enter into this case.
"As to this dementia Americana doe
J. II wait three years and glare at it
l. enemy and then kill? Does this de
mentia Americana fiaunt the woman
kills for two long years through tn
af capitals of Europe and then kill2 De
~ mentia Americana never hde benin
, the skirts Of woman; dement,
: Americana never puts woman on tn
stand to lay bare her shame to pro
tect It: no woman could in the categor
where dementia Americana prevails
" Then Jerome outlined the brief test
- mony-how White and his son and HI
sons friend went to the Cafe Martr
how they were not observed by III
-Thaw party as to they entered. an
t''e how White took his son 10 a theatI
az and then went TO the roof gardel
.ne Then Thaw gets mp and his wife say
d III he was gone about ten minutes. II
'H- walked about and stood and talked
James Clinch smith. Whites ow
nse brother-in-law. and always looking
and the place where Stanford White sa
rles all unconscious OF his presence. The
yor he returned and the party rose
led leave. In HIS talk with smith he ha
and said do You remember a murder ca'
las where a man and a woman-no you Al
too young-you can't rsmsuoer tna'