Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-10
as men would feel warrantSK In visiting
him with the dread penalty which will be

him with the dread penalty which will be
invoked at your hands.
know not, gentlemen, but I may illus
trate that proposition to your minds by an
illustration which hope may not be deem
ed unapt. I will suppose, II you will per-
NIT me. that the dearest being that lives
upon the earth to you. the one that you
garner most closely to your heart. the one
that you love above all human objects-it
may be the beautiful daughter who graces
your home like a sunbeam, 1t may be the
loved wife who walks with you down the
valley Of hfe until 1t shall reach the end
whoever that being may be, let me sup
pose tnat that being Is in danger of death,
but yet the chances are the learned physi-
clan who stands by the bedside of the SUI.
fertng patient tells you that the chances Of
life and death are equal, that the patient
may recover or she may not recover, the
chances of her recovery, the chances Of her
that some power placed before you an urn
In which there were ninety-ni white balls
and one black ball, and told you that II you
would place your hand in that urn and
draw the black ball the life of the suf-
fering patient would be surely saved. but
If you draw one Of the white balls she
surely would die, would you draw? Would
you not say the chances Of my drawing the
black ball are ninety-nine against one; the
chances Of the patients recovery, the learn
ed physician tells me, are equal; will leave
those chances where nature has placed
them; I have doubt, will hesitate, will
not perform the act?
Appeals for Thaw's Life.
And so 1t Is in this case. Unless the
learned district attorney has proved to your
entire satisfaction and beyond a reasonable
doubt that this defendant at that time was
of sound mind-the affirmative of the prop.
osition being upon him to prove that he
was Of sound mind. the proof Of the negative
not being upon u.s. ask of you in the name
of the law which 1 invoke, in the name
of that humanity which has dictated the
law, in the name of that religion which
antedated humanity itself and its laws, to
resolve the doubt in favor of the life.
1t Is a species of insanity which, though
1t may be unknown to these learned alien
lists, is perfectly familiar to every man who
is familiar with the history of jurispru-
dence in these United States. 1t is spe-
cies of insanity which has been recognized
in every court in every state of this Union
from the Canadian border to the gulf of
Texas. 1t Is that species of insanity which,
II you desire, you learned gentlemen, to
give it q name, I ask you to label de
mentia Americana" 1t Is that species Of
insanity which makes every American be-
lieve that his home is sacred. 1t Is that
species of insanity which makes him be-
lieve that the purity of his daughter Is
sacred. 1t is that species Of insanity that
makes him believe that the honor of his
wife is sacred. 1t is that species of insan-
ity which makes him believe that whoever
invades the sanctity of that home. who
ever brings pollution upon that daughter.
whoever stains the virtue Of that wife has
forfeited the protection of human laws and
must appeal to the eternal justice and
mercy of God, If he may so appeal, for his
protection. 1t is that species of insanity
which a New York jury recognized in the
case Of Cole, who killed Hiscock for hav-
ing seduced his wife. 1t Is that species
of insanity which New York jury in this
city recognized in the case of Mcfarland.
who killed Richardson.
The law, gentlemen. is human
law, and 1t is law that, thank God,
must be administered by men. You are not
the cold. the soulless human beings and
distractions that the learned district attor-
ney would have You are men Of flesh,
have led wives to the altar. men whose
homes have been graced by children, and
violate law when l ask you to judge
fellowman by that law which is at the
foundation of all laws, by that law which
was spoken by Him who spake as no man
spake when He said: DO unto others as
you would have them do unto you"
Send this young man to his death for
what he did when, goaded to frenzy by
the persecution which he had suffered, he
turned at last, as the weakest of created
thingA will turn-as worm, 1t Is said,
will turn against Its tormentor-send him
to his death for that!
All, gentlemen, 1 recall the language of
that great book in which is contained the
wisdom and the religion of the people of
old, and I say to you: Shall Jonathan die
for working this great salvation in Israel?
God forbid! No hair of his head shall fall
to the ground, for he wrought with God on
that day."
And, gentlemen. redeeming the promise
which l have made to you and to the court
to be brief, l. now, with all solemnity.
leave unto your hands the fate Of Harry IA.
rThaw