, 1907-11-25

advise with counsel or to appreciate
the character of the proceedings
against l.im.
Commission In Lunacy.
The trial was interrupted, it will be
remembered, by the appointment OF
a commission at Mr.. Jerome's sugges.
ton to inquire into Thaw's mental
condition. The commission agreed
unanimously that Thaw was able to
advise i~ntelligently with counsel and
to understand all of the proceedings
in court. They examined the young
millionaire both mentally mt physi-
cally and he came out of the tests with
flying colors.
Condition improved in Jail.
This tended to bear u the theory
Of the defense that Thaw had suffered
from a "brainstorm" and that his con.
dition had wonderfully improved dur
ing his stay in jail. 1t was commended
that with the death of White the force
which had fomented the disorder was
removed and that the clouds of blind
insanity had broken away.
The Trial Resumed.
When the trial was resumed, how
ever, and the arguments were begun,
Thaw's principal counsel, Dolphin n.
Delmas, who came with a brilliant rep.
utation from the Pacific coast to take
charge of the case, threw down the
substantial structure Of legal insanity
which had been built UP, tossed it lit
orally out of the window, and made
his plea unreservedly on the ''unwrit,
ten law" He pictured with great ora
torical effect the wronged Evelyn" rs
IAN angel child" Thaw alternately
was a "Sir Galahad," or a "St. George"
destroying the dragon.
An Unexpected Opening.
This line of argument gave District
Attorney Jerome an unexpected open
ing and he too disregarded the mass
of testimony tending to show Thaw's
mental responsibility, devoting him
self to ridicule of the heroic roles in
which Mr.. Delmas had cast the defend,
ant and his wife. Mr.. Jerome declar-
ed the tragedy vas nothing more than
"a comman, low, vulgar Tenderloin
murder"
Plenty of Pocket Money.
To the jury he described Thaw as a
"wilful wretch" INDUCED from his
youth by wealthy parents and at last
turned loose to float his way through
the tenderloin on $4,000 a year." The
seemingly irrational writings of Thaw
which were placed in evidence, were
dismissed by Jerome as the work of a
rich illiterate and nothing more"
Important Change of Attorneys.
District Attorney Jerome and Fran.
els P. Caravan, his first assistant, again
will have charge of the prosecution,
but Thaw has made an important
change OF attorneys. Replacing Mr..
Delmas as chief counsel will be Martin
w. Littleton of Brooklyn. Mr.. Little,
ton is known as a capable lawyer and
brilliant orator. At the democratic ma
tional convention of 1904 it was he who
nominated Alton B. Parker for the
presidency.
Is Southern Man.
Mr.. Littleton is a southern man. hav.
ing been born in Tennessee just thirty.
five years ago. He is what is generally
termed a self-made man, having edit
Gated himself. He began the practice
of law in 1891 mi moving to Dallas,
Texas, served there for a term as as
sistant prosecuting attorney. Later he
removed to Brooklyn and at once be
came a prominent figure in politics
and at the bar. For four years he was
assistant district attorney of Kings
county and under the first Mcclellan
administration in Greater New York
was president of Brooklyn borough.
The Other Attorneys.
Just who will be associated with Mr..
Littleton may not be definitely known
until the day the trial begins. At pres.
ent Daniel O'Reilly and A. Russell Pea,
body are the Only members of the for.