New-York tribune., 1907-04-10

tremendous prepOnderance Of opinion that ina"
was insane, against seven men for the state
four OF whom he said, had had but little
nracticai experience He then began on his
nlea of the .'unwritten law'-his specially ii Is
said-and, in part, said:
The humanity of the law on the statute books OF
Nev- York has declared that IN a matter thal III
vClved the fate of man IN me OF @ He.t - F - i t
same IN civil case-the prep91nGfe @ VI minds
denca Is given the most weight BrlnS your lllllcS
b9cI- "a The davs when you qualified as jurors
D1Ing ioIty ystic yeSbs G phan the words from this
court Are you willing 70 give Iis Yoi have
promised to do that or you would not pc situhs
Ya Sere admitted to sit in the jury box only
upon your attention end the freedom OF your mio.
For if there ngfrs IN your decare % You must give
IL 10 him. the prisoner. Whenever you doubt you
are bound TO give the benefit OF that doubt now
ever slight TO the man before the bar.
JEROME MUST PROVE THAW SANE.
A learned judge long ago said: 1T is better TO
allow ninety-nine guilty men to escape father az Z man ~
one one, chance in a hundred that Thaw believed he was
the agent OF Providence you must give MN h,tn tme
ney 10 prove that Thaw was sane when ne Killed
viii suppose for example. that somebody you
ove-your daughter or the wife VINO w2Iks II ii Io"n
clan SAYS the chances of life and death are equal
Somebody presents 10 you a big urn; Ihere are
You are told that II you draw out the black ball
your dear one win surely recover ana , II %Ise nnt
draw? Would you not say that the chances were
ninety-nine to one against you? Would You NOT
saw that the physician said the chances were equal
and would you not abide by his decision! III tne
name Of that humanity that antedates humanity mtg,
itself, / say you that If YOU have DOUBT you
bound TO give it TO the defendant. - :,
sanity from which the defendant suffered has not
been given name viii ask ot you 10 io5' na1 man
believe whoever brings pollution In his home must
look TO God for any future benefits he may expect.
The law gentlemen IS a human law. You are men
of flesh and blood. men of families ana you nave
ed sDe1 @Ye5 as 80 thaf @ Great oae has spoken when He
said DO unto others as you would they would 90
unto YOU.
LEAVES CLIENTS FATE TO JURY
Mr. Delmas was in the recital of cases fin
which the "unwritten law" had wor freedom
for the defendant when Mr.. Garvan again OBJ
jected and was again sustained
The close Of Mr.. Delmas's summing up came
with unexpected suddenness. Two or three
times he had. dropped his voice and stopped for
a moment each time to resume with renewed
vlgor He quoted a passage from the Scripture,
as follows:
Il recall that great book in which is contained
all the wisdom and religion Of the ages. and
say. Shall Jonathan die for working this great
salvation in Israel? God forbid. No hair Of his
head shall fall 10 the ground. for on that day he
wrought with God"
There was a pause for A moment. and then. in
very low tones. he ended
Il now. with solemnty. leave in your hands
the fate of Harry K. Thaw."
Mr.. Jerome will not begin his summing up
until II: 30 and will take only three hours it is
understood. This would give Justice FitzGerald
time for his charge to the jury If he saw mt to
make It, and the jury would have the fate OF
Thaw in its hands by tonight If Mr.. Jerome
should take longer It is likely that the court
would postpone his charge until Thursday
morning.