The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-04-10
Appeals Both 10 UnWritten and
Written Law for JuStfCa-
ton Of His Client
CLASSIF|ES INSANITY AS
"DEMENTIA AMERICANA
sHe Struck for Home, for American
Woman, for Humanity, and STAN
ford White Fell"-Jerome's
Plea Comes Today.

New York, April 9.--One more day and
the concluding chapters of the trial of
Harry X Thaw for the murder of Stan
ford White will have been written into
history With an oratorical appeal to
both the UNIV .tten and the written law
for justification of his client. Dolphin NJ.
Delmas concluded his exhaustive summing
up address to the jury this AFTERNOON.
When court convenes tomorrow morning
at Ii: 80 o'clocH-one hour later than usual
District Attorney Jerome will go before
the jury and in three or four hours
address is expected to make a plea which
will be accounted one of the best efforts
OF his life.
Justice Fitzgerald will not say today
whether or not he would charge the jury
directly following the district attorney s
closing remarks but the general impress
sion is that he will do so. In that event,
there seems little doubt that the case
will be turned over to the jury by to-
morrow evening.
With the exception of the moments
when he was reading from testimony, Mr..
Delmas' speech today was one of sus-
Harry Thaw the cloak of chivalrous
knighthood. Why he shouted, ''should
we who admire the chivalry of the
knights of the middle ages, who went
abroad aedressing wrongs and rescuing
maidens in distress. withhold our SYM
pathy from this brave man?"
bitterly the atfeTey again assailed
Stanford White. he declared White
sought to play witf the girl SO long as
her beauty remainep and tken would
have thrown her awaR, like agTty rag
TO iiostt down hideouss rsesgssaass - grityyee
in the Potter's field.
Again he said:
..Hsrry ThaW n3aa suatchaa the girl
from the old lecher. who saw in her but
a toy to crafty a moments lust and
. then be cast aside to her way down the
paths of fallen women
With dramatic emphasis, Mr.. DelmaS
cried out that when Harry Thaw be-
held Stanford White on the Madison
Square roof garden the story of his wifes
wrongs overcame him. He pictured in
ar instant as a dying man may picture
his past Iife-all that Stanford White had
done--the ruin he had wrought and he
struck, struck as the tigress strikes in
defense of her young; struck for the
home, struck for the American woman;
struck for humanity and Stanford White
fell
''Ah, gentlemen" the advocate went on,
"if Harry Thaw believed he was the
instrument of providence, VINO Will say
he was mistaken?
Mr.. Delmas discussed but briefly the
testimony of expert witnesses, declaring
that whatever weight might attach to
their utterances, was on the side of the
defendant.
He declared the burden of proof as to
Thaw 5 sanity at the time of the homi-
eide rested with the prosecution, which
had failed to make out its case
IL was in discussing Thaw's mental state
tina. Mr.. Delmas came at last to the
.sunWritten law" He declared that the
experts had been at a loss to classify the
form OF insanity from which Thaw suf-
fered.
i will suggest its name." he declared.
II would call it dementia Americana
1t is q species of insanity which has been
recognized in every state of this union
q species of insanity which makes any
American believe his home, his wife and
his daughters, are sacred; and that who
Scorer stains the virtue of his threshold
violates the highest human laws
Twice during his closing periods Mr..
Delmas was interrupted by Assistant Dis
trict Attorney Garvin, Mr.. Jerome being
absent from the court room all day. Mr..
Garvin suggested that the argument was
taking a too wide scope and Justice Fftz-
gerald called Mr.. Delmas' attention to
the fact
Thaw seemed tonight to be in the best
of spirits and declared that he felt his
,case was won. He seemed to have no
dread of the assault of the district at
to~ney tomorrow.
There was a report that Mr.. Jerome was
ILL., but he appeared at his office during
fl,a af nd 10 had hnc
for two days preptring his argument
Court Crowded.
Not since the day when Evelyn Thaw
gave to the world the story of her life
has the court room, where the final scenes
in the Thaw trial are now being enacted,
been so crowded as it was today. The
attraction was Dolphin NJ. Delmas, the
San Francisco lawyer, who today con-
tinued his summing up for the defense.
Mr.. Delmas began his final plea yester-
day afternoon, and after speaking two
and a half hours his voice became SO
husky as to necessitate an adjournment.
He was in good voice again when the
proceedings We're resumed today, and at
the outset promised to be even more eff
fective than he was yesterday.
Despite the inclement weather-a snow
storm without-the court room was be-
eieged fully an hour before the time fixed
for the opening, a large percentage of
the wouid-be spectators being women.
With much difficulty the police succeeded
I'm keeping the crowd down to the actual
seating capacity. so that although every
available bit of space was occupied, good
order prevailed while Mr. Delmas was
making his appeal to the jury.
Thaw Family Early.
Menbers of the Thaw family, as usual.
were among the early arrivals. Evelyn
Thaw was a trif1e late, but arrived in
time to hear the opening sentences. A
new figure appeared in the Thaw group
today. 1t was that of Mrs Edward Thaw,
who accompanied her husband and sister
In-lav the Countess of Yarmouth. Mr..
and Mrs. Carnegie also We're present.
When Mr. Delmas arose to resume his
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