Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-11

New lOIk- April 1U----All prev icuo
crowds were insignificant compared to
the mob which stormed the court room
doors this morning III an effort to hear
District Attorney Jerome sum up the
states case against Harry X. Thaw.
Although court was not convened until
II 30 o'clock. fully two hours before
that time spectators began to gather
in the corridors leading to the court
room. The police, however. kept the
doors closed until II o'clock. But this
did not prevent a large number of ia
Vored friends from getting into the
court room before that hour. SO when
the main entrance was opened the trial
room WAS almost filled The remaining
space was occupied at once.
The small enclosure in front of the
pudge's bench was also taxed to its ca
pacity by the friends and assistants of
the district attorney and altogether the
scene when Mr.. jerome rose to address
the jury was one of tense interest and
suppressed excitement.
Just before the session was begun
members of the Thaw family began t.
arrive. They included Josiah Thaw. his
SISTER the Countess of Yarmouth. Mrs
Carnegie and her husband. Mrs. Ed
Nar0 1ndW, Evelyn l nav ana the clueI
Mrs. Thaw. who came in last.
At 11.35 o'clock Justice Fitzgerald
took his seat upon the bench. The jury
was brought In ana Harry X. Thaw
was called to the bar.
Gentlemen of htc jury" said Mr..
Jerome.
The murmuring of voices ceased and
an oppressive silence prevailed. All
eyes were fixed on the district attorney.
The stiffness was finally broken by the
calling of the jurors names.
Gentlemen of the jury" said Mr..
Jerome arising after Justice FitZgcr-
aid had cautioned the court officers to
maintain absolute order. from all |
can judge from the reports having
been abScnt-you have been wandering
drought mere field Of romance for
two days. The life of a human being is
not judged on such a premise. The is
sues here cannot be determined by
quotations from the Scriptures. That is
not the crime on trial here. You have
been enjoined by the court to make up
your verdict solely from the evidence.
''This trial has been no easy task for
any Of us. It has been difficult for you,
difficult for the court and difficult for
counsel.
The attorneys for the defence have
had the responsibility of a human life
resting upon them. But there has been
a responsibility equally grave upon the
prosecution.
The law is not Il cruel law. 1t does
rot punish for the mere sake of punish
ment. 1t Furnishes to protect these who
live under It.
Important as it is that no human
life should be put out unless justly. it is
equally important to the community in
which you and I dwell. that the law
shall be justly upheld.
keep clearly i'm mind that while the,
defendants counsel stands for the de-
PENDANT individually. this is another
side. the side of the people. of whom
you are a part. This is no action be-
tween the executors of Stanford White
and this defendant: it is not a trial to
determine whether Evelyn NeSbit was
ravished by White. Ii is not Il trial of
rape IL is an issue between the peo-
pie of New York aud Harry X. Thaw.
and it is to determine whether what
he did was justitiable or eXcuSable.
or whether he should be punished for
It.
81 do not propose to enter into a
contest in oratory with my learned OPP
ponent. | have not that ability. But
] have studied this evidence as well
as the limited time have had allowed
me. and | propose to stick to that evi-
dence.
II will assure you that not on the
words of counsel. but on the evidence
YOU are bound by your oaths to decide
this issue. On the evidence l VIII try
to point out to you that this defen-
dant's crime was not justifiable or ex-
cusable and that he should be pun
iShed.
You are not entitled to say that
this man is guilty because the grand
Jury indicted him for murder In the
first degree. but you are entitled 10
consider that on their oaths they saln
the unexplained evidence justified them
in charging him with murder IN the
first degree
Mr.. Jerome then eHpiain"d the la"
covering the various classes into which
homicide is divided.