The Birmingham age-herald., 1907-04-11

other case, is not considered une u of the counsel on the Atlantic seaboar | You oath binds you to render 1 verdict upon the evidence and that al, 1 To. must reach your verdict by purely and plainly an intellectual process-as you would dispose of Q problem in geometry an equation in algebra or a sum in arth- metic. You are to be the sole judges oi this issue and you are to judge by the facts. You must take the law as the court gives it to you.
 Sympathy on Both Sides.
 "1f we are going into the proposition of sympathy in this trial, it can be played upon by both sides. Have you thought of the widow in Cambridge and the fath- erless boy in Harvard? I mention this men, that you may see that the question of sympathy has aught to do with the issues here.'
 Mir Jerome next quoted at length from the examination of the twelve jurors, re- minding them of their paths and what the promised while being selected to serve.
 Whether you believe the story told by this girl, whether or not you believe in the sublime renunciation she made of Thaws offer of marriage, your sympa- thies are bound to assert themselves In one form or another There Is here every es-nent to arouse your passion. You can't help it. But when you retire to consider your verdict you must lay it aside and guide yourselves solely by intellectual processes"
 Mir. Jerome discussed the question of reasonable doubt. He said 1t was such a doubt as a man would act upon in mat ters pertaining to his own private af- fairs and nothing more.
 Tt must be a doubt of which you are reasonably or morally certain. reason able doubt Is not a mere whim.
 Subject of Insanity.
 "On the subject of insanity. you jurors were carefully examined" said MT Je- rome You swore you would not infect any ideas of your own into your judg- ment but take the law as 1t was laid down to you by the court. You swore you would accept only that form of insanity which deprives a man of the knowledge of the nature and quality of his act, or that 1t is wrong-that Is, against the current morality of the community. You did not swear to bring this 'dementia Americana into the case"
 Each mention of idementia Americana was uttered by MT. Jerome with a sarcas- tic infection.
 Dementia Americana.
 Dementia Americana, men, !" said he "has no place in your verdict. You swor tO tdhe Ho IlBner law than the law your state.
 'Dementia Americanal' What is t 'dementia Americana which waits glares at its enemy for three years a then kills 1t? Waits three long years grows bitter and then strikes!
 "Dementia Americana-that naunts woman for whom it kills through capitals of Europe for two years a mistress. Is that the higher law?
 No, gentlemen, the higher law not hinge itself under the hem of ans skirt.
 "Dementia Americana-is that tn, which puts a woman up to tell shame-or misfortune, as the case ma to all the world in the hope that shield worthless life from a just demand?
 That is not the kind of law you to accept. and if you do 1t, me violate your oaths,
 MT Jerome took up the evidence witnesses for the purpose of dire timony, and with the aid of lar gram showed the jury how Thaw about the roof garden before an the shooting. He referred to tn, mony of James Clinch Smith
 Testimony of ST
 " Do you remember Tru the case of two men ar Thaw asked Smith.
 Perhaps, gentlemen, from the Pacific slo perhaps he remembe, mentia Americana
 '"rhaw walked d' Ac