The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-04-11

whether you believe the story told
by this girl whether you believe In tho
sublime remuneration she made oil
Thaw's Offer OF marriage for another
whim, your sympathies are bound Il
assert themselves In one form or an
other. There IL here every element e
arouse your passion. You can't hell
Il. But when you retire 10 consider
your verdict you must lay II aside and
guide yourself solely by intellectual
processes.
"You did not swear to bring this de
mentla Americana into the case"
Mr.. Jerome sarcastIcally repeated the
title Mr. Delmas had given TO Thaw's
form OF insanity. He Kissed II through
his teeth every time II occurred IN his
argument.
"lIe was rational: he was calm and
cool" went on the district attorney,
"IIe walks M 10 his enemy after care
fully locating him and carefully takes
aim. lie does not take any chances OF
hitting any one else. You are told his
face was white. Here was n man who
had nursed an cnmity for three years.
who for three years had glqrcd nj his
enemy until after good dinner and
hearing the story OF two men and q
woman In which Truxton Bcalc had
figured he deliberately shoots down
his enemy. Is Il any wonder he was
whltei Is the killing OF n human he.
Ing thing 30 common that a man can
do Il without even turning paleg
lyon locate your enemy. you locate
the man who blnckballed you at clubs,
who you say raylshed your wife. who
spread stories OF perverslon about you.
you shoot him down and then come
here with your dementia Americana.
II Is absurd. Why. The crime brIstles
with generalization. Unexplained, II II
murder In the first degree A man
shoots down his enemy. who. no mat.
ter how bad he may be-. Is entitled 10
the protectlon OF the law. Let him be
blacker than the cloak OF midnight
which counsel threw about his mem
DRY. and sayshe stlll had n right Ia be
where he was the night OF the nth Of
last June. lie had a right Ia believe
that the laws OF this community would
project him.
"Demcntla Americana men. has no
place In your verdict. You swore 90
take no higher law than the law OF
your state.
"Demcnila Americana. What II this
demeniia Americana which waits and
glares at IT. enemy for three years and
then killsi II waits three hong years
aud grows bitter aud then strikes.
elemental Americana. that haunts
the woman for whom Il Kills through
the capitals Of Europe for two years
A. it, mistress. Is that the higher
lawf
mo. gentlemen. the higher law does
not hide Itself under the hem Of a wo-
mans skirt.
"Dcmeniia Americana l. that the
law which puts a woman up 10 toll.of
her shame or misfortune. AZ the ease
may be-. 10 all the world In the hope II
viii shield worthless life from
peoples Just demandi
THAT Il not the Kind of Law you
sworc 10 accept and II you do IL, men,
you violate your oaths"
AFR. Jerome referred 90 the testimony
Of James Cllnch Smith. DO you re.
member Truxton Bcaic aud the case
OF two men aud a woman 1haw ask.
ed Smith. Perhaps. gentlemen. my
learned friend from the Pacific slope
remembers Il: perhaps be- remembers
that case Of demenila Americans.
''Thaw walked deliberately acres.
the room aud In snch a manner that
his enemy should have no chance. no
opportunity. 60 defend himself then
turned suddenly and. holding the pistol
20 close 10 stanford Whites head that
after he was dead Mr.. Smith. his
brother ln.law. did not know him be.
cause Of the powder marks. fired once,
twice. three times"
Z Mr. Jerome picked NJ the pistol from
the table In front Of him and NJ he
spoke the words punctuatcd them by
pulling the trigger three times. The
click Of the hammer being heard In
every corner of the room.
Deliberately he shot the man who
had barred him from clubs. who had
once taken from him the woman he
loved and threatened 10 take her away
again. and then. my learned opponent
tells you. he stood with his arms ex.
tended like n priest dismissing a con.
grcgatlon. I did not see anything In
the evidence about that
"IIe held M his pistol 10 show that
he was through 10 prevent n panic.
Ito said, lie ruined my wife lie did
not say. I am the apostle Of God ap-
pointed 10 XIII this ravishcr 81 Amer.
lean virgins No. my friends. this
apostle OF God business came after
TIT. defendant had the advice OF my
friend. Dr. Evsns."
AIR. Jerome went into the details Of
the evidence regarding Thaw's actions
and words after the killing and said
that there was not one thing that did
not show absolute calmncss. GOODNESS
and rationaiIty.
There IL nothing IN this direct case"
Mr.. Jerome continued. shat does not
show cold bloodcd. prcmcdlinicd muir.
der And 20 this what answer Il
madc' 4 Vas insane when I went
thirty feet across that room aud fired
three shots into q mans head. did
not know u was n pistol held In my
hand; did not know u was stanford
White. my enemy. was shooting;
did not know the nature and quality
Of my act. aud I did not know that II
was wrong"