The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1907-04-09
IN THAW'S DEFENSE
Attorney Delmas Makes Opening
Argument in Noted Case.
WlfE'S STORY BASIS OF PLEA

Upho!ds TruthfuIness of gvelyn's Tes-
timony on the Stand and Makes 1t
the Foundation of Most Of His Ad.
dress to the Jury.
New York, April 9.-The Thaw trial
Is rapidly drawing to a close, argu-
ments to the jury being under way,
Mr.. Delmas, for the defense, opening
during the afternoon session Of court.
When the trial was resumed Justice
Fitzgerald overruled District Attorney
Jerome's formal protest against the
confirmation Of the report of the conn.,
mission In lunacy which declared
Thaw sane. The justice signed the
report and ordered that the trial pro-
ceed
DR.. Allan McLane Hamilton was
called as the last witness. but the dis
trict attorney objected to his testify
ing at this stage Of the case. The OBJ
lection was sustained and then both
the defense and the people announced
that they re,ted.
One OF the spectacular moments in
the Thaw trial was that In which Del
phin M. Delmas rose to address the
Jury for the defense. The courtroom
was packed to the doors and scores of
eager men and women were barred
because of the limited number of
available seats.
Begins His Appeal to Jury.
Mr.. Delmas began his appeal to the
Jury by quoting from an utterance of
District Attorney Jerome during the
trial. He said:
1--WE have no right. II the real facts
were known, to be here trying this
man and would be absolutely prohib-
tied by the statutes
"Had you heard these words" con-
tinued the attorney, from some irre-
sponsible babbler instead of from an
official charged with great public
duty; had they been spoken In place
where idle men resort to indulge In
idle talk instead of in tribunal
wherein justice presided In solemnity:
had the occasion on which they were
uttered been some trivial discussion
on some insignificant topic instead of
Q debate the Issue OF which Is life or
death, and had you after so hearing
them heard the same lips make an
appeal to prove that the law demand
cd forfeit Of the life OF the man about
whom they were spoken these words
might not have filed you with amaze.
ment"
justification In Written Law.
Continuing. Mr.. Delmas declared
that he would not call on such a
Aimsy thing as the "unwritten law
as q defense. Thaw's act, he said.
found justification In the written law.
which gives every man the right to
protect his life and liberty. Referring
to Stanford White Mr.. Delmas de-
clared the architect had committed q
felony In his assault on Evelyn Mes
bit, whose career the speaker traced
from childhood down to her marriage
with Harry X. Thaw. In the course
OF HE plea, while Mr.. Delmas was
argu' 1g as to the truthfulness OF Eve
lyn's story on the witness stand, he
paid glowing tribute to District At
torney Jerome, calling him master
mind, but added that even though gift
ed beyond the average mind he could
not shake the testimony OF Evelyn
NeSbit Thaw. He declared that the
large sums paid by Stanford White to
Mrs. Nesbit proved he had ruined the
daughter, He denounced Mrs. Nesbit
ds an unnatural mother, who had
given the district attorney state
ment to torture the wounded soul OF
her daughter.