New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-09
THAW in LAST DITCH
DELMAS SUMMING UP.
AssaiIs White Bjtterly-Deuounces
HummeI as Periurer.

Dolphin NJ DelTnas. whose reputation as a
successful lawyer in defending criminal cases
in San Francisco caused his engagement
as leader in the fight to save Harry K. Thaw
from the electric chair. began the last part Of
his task yesterday afternoon The evidence was
all in. Justice FitzGerald had confirmed the re-
port Of the lunacy commission which found
Thaw sane enough to be tried for killing Stan
ford White. and nothing remained except the
summing up Of Mr.. Delmas for the defence. Dis
trict Attorney Jerome for the county and ths
charge of the court to the jury.
The proceedings in the courtroom IN the morn
ing had been exceedingly brief In perfume
tory way Mr.. Jerome had objected TO the con-
firmaton Of the commissions report on Thaw's
sanity and had been promptly Overruled. DIT.
Allan McLane Hamilton. the alieuist. whose tes-
timony had directly brought about the appoint
ment OF the lunacy commission. had been PUT
the stand by the defence and asked IL he had
visited Thaw in the Tombs. The District At
torney's objection to the question sustained
and thereupOn Mr.. Delmas had announced. The
defence rests" The people rest Mr.. Jerome
had chimed in. and an adjournment had been
taken until 2 O'Clock.
The news that the California lawyer. whose
eIoquence had been much talked Of. would
begin his address when court recOnvened
brought big mob to the Criminal Branch OF
the Supreme Court. Seats were at a premium
at 80 O'Clock. and chairs were placed in al
the aisles and wherever there was available
space. The Thaw family were all in court the
two Mrs Thaws sitting next to each other. The
prisoner came into court pallid and serious look
ing but forced a smile as he bowed to his reI-
atves and took his seat
mo APPEAL TO UNWRITTEN Law
1t was four minutes past o'clock when Nfr.
DeImas began to speak His first sentences were
ton Il shall not appeal to any such shadOwys
unsubstantiaI thing as the so-called unwritten
law" he said: "but shall depend upon the law OF
the state in which there is ample protection for
this defendant
Then protesting 1t not his purpose to
speak Of the dead. except so far as was neces-
sary TO protect the rights Of the living. he
launched into a denunciatiOn Of the slain man.
He did not Infnce matters. but painted the pic
ture he wished to exhibit to the jury IN the
darkest most forbidding cOlOrs His voice,
which is that of the trained eldcutonist' rose and
fell: now pleading patheticaIy as he appealed
for the sympathy of the twelve men in the jury
box for the prisoners wife; now vociferous as he
cried shame on the man he accused OF her un-
doing.
But IL was not only the dead man who was
denounced Upon Mrs Holman. Evelyn Thaw's
mother. and upon Hummel. Mr.. Delmas heaped
torrents Of fnvectfve "Oh unnatural mOthers
he cried with hands raised above his head, as he
accused her of profting b. her daughters DIS
honor HummeI- he accused OF perjury. ne
dissected the testimony the convicted lawyer
had given about the "afHdavit'' Evelyn Nesbit is
said TO have made to him and showed how ne
had contradicted himself out Of his own mouth
And the learned prosecutor must have known
he was perjuring himself. for the evidence OF
his nertr1rv was before his official eyes" Mr.
DeImas said.
This accusation startled every one IN the
courtroom Mr. Jerome was not present TO hear
il. but he cannot fail to take notice OF IL when
his turn comes to address the jury.
With the excoration OF HummeI ended. Mr..
Delmas asked for an adjournment until this
morning He was hoarse and tired He had
only Scratched the surface Of the evidence. and.
with the exception of doing much to destroy
whatever value Hummel's testimony might have
had had apparently only begun While he had
announced that his appeal for Justice for his
client would rest on the law OF the state. 1t
had been devoted mainly to effort TO get
sympathy for Thaw and hts wife. the former
of whom he described as an "angel sent 20 aid
an unfortunate child"
QUOTES JEROME.
Mr.. Delmas in beginning his summing up
said. in quoting statement Mr.. Jerome had
made during the trial:
May it please your honor and you. gentle
men Of the jury. we have no more right, II the
real facts were known. to be here trying this,
man than if it absolutely prohibited by
statute"
Proceeding he said:
Had you heard these words from any irrsspousi-
bic person. instead Of having heard them 1rorl e
rsad Of in this court Of Justice and solennity; had
the occasion which they were uttered been some
stead OF where the discussion IS one OF life ana
death-these words might not have filed you with
It shall be my duty in general wsy e Inform
you OF sl & the IaeJS ana Td 90 rSes G ne solc s 7
Of that task It is not improper for me % state taas
no appeal to make your sympathy warp your 5uds-
ment.
thing the supposed unvvritten law ! shall base
the law OF the books, the statute law Under this
law the defendant hnds ample protection 1or his
In the performance OF my task it is my lmPsra-
tive. unshunnable duty 70 speak or the 0eed j
% %sha not aS tSIsS & ns mot foPet that Il soetis be-
comes necessary, because OF the rights Of the llv-
molrns and for the who survives I have no
words TO speak except those o. syHpatayy AMY SaqIy
Of the father shall descend to the children.
This ended what might be called Mr.. Delmas's
introduction. He paused for a moment and
plunged into his main argument. He said:
Gentlemen. the story you have listened to Is the
story Of two young persons " whom nom oby Esss ey tn, m
t6ev sbouId walk though life together 1t Is a
the saddeSt. most UOurntul and tragic
which the tongue Of man has ever uttered or the
will tell her story first
Counsel traced Evelyn Nesbit's history from
the date OF her birth Christmas Eve. 1854.
He told of the death of her father when she