The Birmingham age-herald., 1907-04-11
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court to make up your verdict solely from the evidence
 "The attorneys for the defense have had the responsibility of a human being rest ing on them. But there has been re- sponsibility unusually grave on the prose- cution.
 "The law is not a cruel law. It does not punish for the mere sake of punishment. It punishes to protect those who live un- der it.
 Important as it is that no human life should be put out unjustly, it is equally important to the community in which you and I dwell that the law shall be justly upheld.
 Not Upon My Personality.
 q, gentlemen, have had no easy task. If in the heat of battle have trans- cended the courtesy due to counsel l will beg you to overlook it. If in the judgment of the court l have gone fur- ther than I should have gone in mak- ing certain statements in court, l have nothing but regret for it. This Is a time for us all to lay aside our anlmosties. The issue here is not to be determined upon my personality or upon that Of the counsel for the defense.
 Keep clearly in mind that while the defendants counsel stands for the de- fendant individually, there Is another side, the side of the people, of whom you are a part. This is no action between the executors of Stanford White and this defendant: 1t is not a trial to determine whteher Evelyn Nesbit was ravished by Stanford White. It Is an issue between the people of New York state and Harry K. Thaw, and 1t is to determine whether what he did was just1able or excusable, or whether he should be punished for 1t.
 "I will assure you that not on the words of counsel, but on the evidence you are bound by your oaths to decide this is- sue. On the evidence I will try to point out to you that this defendants crime Ta5 not justifiable, or exeusable, and that he should be punished.
 "You are not entitled to say that this man is guilty because the grand jury indicted him for murder in the first de- gree, but you are entitled to consider that on their paths they said the unex- plained evidence justified them in charg- ing him with murder in the first degree" MT Jerome then went briefly into the law covering the various classes into which homicide is divided, describing each
 Justfiable Means SeIf-Defense.
 "If you find that this defendant was insane when he killed Stanford White, it is your duty to say so in your yer l dict. If you do not say so, it is because you believe that the crime was justlf- able. Justfiiable does not mean 'dementa Americana; it means self-defense. But when a man sits with his head in his | hands and is deliberately shot with n pistol held so close to him that after the shooting the victims own brother-in-law 1 di not recognize him, it can hardly be l called self-defense east of the Mississippi river.
 One of Four Verdicts. There can be logically but one of l four verdicts returned by you-murder 1 in the first degre, because there was not l onl-' design, but premeditation;N murder in the second degree, because there was design but no reconciliation; manslaghter, l because there was neither design nor reconciliation, but merely the heat of ] passion. or. lastly. not guilty because of l insanity
 | Gentlemen of the jury, 1t is for coun-
 -eal to YOU as they themselves