The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-04-10
JEROME SCATHlNGLY
ARRAlGNS HARRY THAW
Think Move Inconsistent.
lcontinued ION - ~

Ia EflI WHO nGttEhtS II N0AAA 10 +~ANaANAs
tc put this man 10 death,
Think Move Inconsistent.
MANY believe that Mr.. Jerome could
not consistently ask for the death pen
atty after making that statement IN
open court.
But previous to that Assistant Dis
trict Attorney Caravan, in his opening
address TO the jury, said the state
would demand that Thaw be sent 10
the electric chair. The conclusion OK
Ar, Caravans speech, nine weeks ago,
'sThe people claim that it was cruel.
deliberate. malicious, premeditated TAX
ing Of a human life. After proving that
fact 10 yOu we viii ask you TO ind the
defendant guilty OF murder in the first
degree.
interest was at fever heat when the
trial was resumed Tor Jerome's final adj
dress. On previous days the crowd had
been large. but today the audience was
larger than al any other session. Even
IleImas had not drawn the crowd for
his summing up that was here TO hear
Jerome
All Thaws family. Including his sis
ter-in-Iaw. Mrs. Edward Thaw, were
on hand early. Their faces plainly
showed thar they understood they had
AN ordeal TO face ia the affalshneht
Thaw and Evelyn were ceitt1ir 20 reS ,i
al Jer0ne's hands. Mrs. William IhaW
and the Countess Of Yarmouth botn
talked encouragingly TO Evelyn as they
sat ia the court room, as II II Dface nSL
FOR the expected attack on her me
little wife who has accepted so many
blows already for her husband, Indicated
she was prepared for the final ordeal
Jerome Begins Address.
II was inst 1885 when Justice Fitzger-
aid entered tie court room. a moment
later the jurors marched in As Thaw
came through the little oak door in the
rear OF the court room every eye Was on
him. He appeared conscious Of the
glance OF so many eyes but he looked
only at his family With smile ana
nod to his wife and mother, he look
his seat.
I'VE seem 10 have been wandering
through Held of romance for two days.
No matter how fine the orator, We
must nov be svaved by what we desire,
but We must remember what the saIStN
of the state and the safety OF us all og-
mSnds. The important issue or a llau ,
life can not be determined BY BIBLICAL
Jerome for a few moments dwelt IN
he uatience with which the jury has
iisfedeS in the evidence. the responsible
itv which rested on the members anu
the burden which has rested on every
one connected with the trial IT ne nad
erred AT tunes ur1ng the long nearing,
Jerome begged the jurors PARDON. he
lien warned the jurors that the person
alitv either of Thaw's pleaders nor NM
self was in issue
Must Eliminate Evelyn.
Continuing. he said: ''rhis is no civil
trial tt is not a trial to determine
whether Stanford White assaulted
Evelyn Nesbit 1t is an issue between
the State OF New York and Harry
Thaw. 1t is an issue 10 uphold the
safety and right of the state
We mus decide this case on the
evidence. Upon this evidence given
under the sanctity OF an oath on which
You must render your verdict. And
viii endeavor 70 snow you ths5 NE evl-
deHce shows that what this defendant
did was not iustihable. That IN what
lie did this defendant disobeyed the law,
and must answer 20 the LAW for H.
Important Points at Issue.
Let me direct your attention TO the
elements which enter into this case.
First, there is the indictment Of the grand
jury. This accusation Of the grand jury
means Just what the laws says-that
premcditated and unjustihable killing
is murder. A design 10 effect the death
or another means just what the words
say. Ito. 49,
a thing for several weeks, OF II may
mean delibersti0n only for moment "
Jerome said he would not go into the
law except 80 Ear IS was absolutely
necessary He then set forth the muir
der In the first degree; murder in the
second degree, with the absence CT pre-
meditation and elaboration; man
slaughter. killing in the heat Of passion
without intent to XIII, or not guilty be-
cause insane, or because justified.
Cannot Call It Defense.
Justified" said Jerome. does not
mean 'dementia Americana. but il
means seIf-defense. When a man is sit
ting calmly looking at a play and is
suddenly shot down, no stretch Of mag
iuatlon OF this side of the Mississippi
could call II self-defense'
Again Jerome repeated that there can
only be certain verdicts reasonably re-
turned in the case. He enumerated
only four logical verdicts this time,
emitting self-defense from the ciassih-
cation. The four, he said, are. Murder
in the first degree, murder in the sec
Ond, manslaughter in the first, and &C
Then Jerome made an appeal TO the
jurors not TO allow their sympathies 70
affect their verdict. Incidentally, he
took a slap at Delmas for injecting his
plea for sympathy.
Not Playing for Sympathy.
Counsel. ne said. are required to
present In such a trial such evidence as
81 honestly can, must make such ar
Euments as they can, honestly. under
the evidence, but they must no inject
matters not in evidence. Any effor
to infiame your passion or arouse YOU
sympathies to affect your verdict Is not
as we see it on the Atlantic coast. pro-
4essiOnaL
why should not your sympathies b,
aroused2 On the one hand you have
this aged mother and young wife, but
on the other hand you have that noble
young son you saw on the witness stand
and the widow who loved the man whS
is dead. ] say this to show you you
symuathies might be enlisted on both
sides. You can not help having youI
sympathies aroused. but YOU can keeT
them from affecting your judgment.
And why should not your passion:
be aroused? IL YOU believe that girl.
story, what mans passions would no
be aroused, and If you don't believe 4
what mans passions would not b.
aroused against the man who allowed
This self-sacrifice No YOU can't he'll
having your passions aroused but yOI
can prevent IL from influencing you
verdict
The district attorney repeated the def
milton given by Delmas OF a t'reasOna BIZ
doubt. Then he went into the question
~ insanity and said