Evening journal., 1907-02-13
LEGAL MOTIVE
NOT YET SHOWN
DeImaS Cannot Win For Thaw
on Testimony Submitted
Until This Time
JUSTIFICATION NO DEFENSE

BY Our C>wn Wire. Publishers Press.
NEW YORK, Feb. Bit is believed
with good reason that were Harry X.
Thaw being tried in California or
South Carolina. the defense could now
rest and safely anticipate a verdict
OF acquittal. While Jeromes tactics
Of Monday and yesterday have check
mated the defense at many points. he
has not ovorthrown the single great
achievement Of Delmas-the giving to
the jury a good strong human motive
for letting Thaw go.
But IN the State Of New York good
strong human motive is not sufficient.
Since Aaron Burr shot Alexander
Hamilton in a duel the courts have
frowned so heavily upon private kill
ings that no New York jury would dare
acquit on the ground Of justification,
Delmas has proved justification, but
being here and not in San Francisco
he has to prove something else.
II is in this conflict Of poor that lies
the present problem of the defense.
Delmas knows he mus never forget
TO keep before the jury the alleged
motive of justification (Which is
motive outside the law) while at thu
same time he must prove insanity or
self defense, or both (Which are rea-
sons inside the law).
Similar Case.
A similar case which was success
fully carried out on these lines some
years ago was tina tof a man named
Hannigan. His sister died the victim
Of a human. brute named soloman. a
few days after her death Hannigan
met Soloman on the corned OF Madison
avenue and Forty-second street. He
approached Soloman from behind
touched him on the shoulder and as
Soionap turned Hannigan drew re-
voiver and instantly killed him. Han
nigan gave him up to the first police
man TO whom he admitted the killing
declaring at the same time that the
dead man had destroyed his sister and
that he was glad he shot him.
AS in the Thaw case the facts were
plain and as IN the Thaw case the pub.
lie and the jury, which is only a lit
lie section Of the public, were SYM
pathetic.
When Hannigan was brought to trial
however, his lawyers recognized that
while the unwritten law Of justification
might give the jury a motive to acquit
s5me plea inside the written law was
needed to save their client from the
chair. Such a legal plea was found
in insanity Medical experts befud.
died the jurors brains and salved their
conseiences and Hannigan was sent TO
NTattewan 60 be cured. taR-
Hannlgan. however. was much more
traotable than Thaw. He sat day NJ,
ter day with his head in his hands. a
picture of inattention and melonchol'a.
He at least showed the effects OF great
mental stress
Girls Sacrifice May Be in Vain. o'-r
Delmas has good reason 20 ,show
more worry and strain In examining
bis experts than he did IN examining
Evelyn Thaw He and his legal as
sociates know. that unless the experts
build up a firm legal excuse or rea-
SON for letting Thaw so. that Evelyns
sacrihce viii have been In vain. This
"psychological abnormalities brain
storms" and other things that the doc.
tors tel lahout are every bit as vivid
and vital IN saving Thaw's life as
were the most terrible revelations OF
his girl bride.
When his frst expert, Dr. Wiley
broke down, and the people in the
court room laughed. 1t was a verit-
able tragedy to the defence. DR.. Was.
ner and DR.. Evans trod firmer ground
however. DR.. Evans even allowing for
Thaw's present APPARENT nationality by
explaining that he has greatly i'm
proved.