New-York tribune., 1907-04-10
DELMAS ENDS HIS PLEA.
INYOKES UNWRITTEN Law
Demands Benefit of Doubt for Tka50
Jerome Sums Up To-day.


yesterday afternoon Dolphin NJ. Delmas, ht1
chief counsel had pleaded for his clients life
for over three hours yesterday and for nearly
as long the day before To-day District At
torney Jerome will review the prosecutions
case, and maybe the court will charge the jury
and then place the fate of Stanford Whites
slayer in Is hands.
OpinionS~as to Mr.. Delrnas's summing up dif-
fered. There were those to whom his some
what fOrid oratory appealed Others thought
him his best when couhning himself 70
straight argument. But it seemed to be gem
orally conceded that the Californian had not
shown the best of taste or even good tactics in
calling every little while upon the name Of the
Most High or quoting from Holy Writ
When Mr.. Delmas in theatric style pictured
Thaw as raising his arms aIoft ''in the form OF
a cross after he had killed White. and then
compared him to the minister at the altar dis
missing the congregation after the sacred I'm
notation Roman Catholic priest sitting near
the jury box shrank back in his seat. and
others who were present seemed to feel similarly
shocked.
DELMAs's TWO OBJECTS.
Mr.. .DeImas's principal efforts were directed to
two things yesterday afternoon. First. to i'm
press on the jury that the preponderance OF
expert testimony was that Thaw was insane
when he shot White Second. to bolster up his
case with an appeal TO the unwritten law. In
doing the first he accused Mr.. Jerome Of break
ing promise because he did not put DR.. Ham
iIton on the stand "The District Attorney knew
that DR.. Hamilton would testify Thaw was
Insane two days after the shooting" he said
In accomplishing his second object Mr.. Delmas
himself broke a promise for he had positively
declared at the opening OF the argument that
he would make no appeal to the "unwritteu
law" but would rely on the statute law.
AS proving that Thaw was insane on the night
of June 25 last. Mr.. Delmas said seven ex-
perts had sworn. DR.. Hamilton would have
similarly had he been permitted. and
Dr. Benjaman. the Thaw family physician,
whose opinion the District Attorney had de-
clared he would rather have than all the alien
lists on earth." had also declared that Thaw
insane Against this testimony was that Of
six auenists. -four Of whom had little practical
experience"
But 1 have far understated my case" Mr..
Delnas declared The humanity OF your law
has declared that in a matter which involves the
life and liberty OF human being. the prepOn-
derance Of evidence is given the most weight.
Are you willing TO give this defendant the bene-
fit OF every reasonable dOubt2" Arguing that
by their oath as jurors they were obliged to do
so. counsel ended this part Of his argument.
DEFINES THAWs INSANITY.
Something has been said that the kind OF
insanity from which this defendant suffered has
not been named viii name It." Air. DeImas
said 1T is that species Of insanity which has
been recognized In every court OF Jurisprudence.
1t is that species of insanity that insists that
home is sacred the virtue OF a daughter is
sacred. the honor of wife is sacred. and who
ever invades that home. whoever pollutes that
daughter, whoever dishonors that wife has for
feited the protection of the law"
With a few more sentences Mr. Delmas hn-
ished his address, The clock hands pointed
to 3:13.
REVIEWS MONDAYS ADDRESS
Mr. Delnas. in resuming his summing up as
the morning session. first reviewed briefly what
he had said Monday afternoon. He referred
to Abraham H HummeI again. saying:
SNIay never see that perjurer and convicted felon
standing here asking twelve men 70 send man TO
death and make that little woman widow. You
no one could ever invent such story told
ever so gifted that in a courtroon like this. Gay
after day she could have stood all the tests known
That story was told as she said 1t was.
Mr. Delmas then said he would endeavor to
depict the effect Of the telling of the story on
Thaw. and that he would prove 1t from a num-
Der of sources. He repeated Mrs Evelyn Thaw's
testimony up to the point where she told her
reasons for refusing Thaw's offer OF marriage.
Sublime rsngqciation,' says the sneerins District
had been of the studios and in the stage chorus
possible" he tells yOu and in the same brsath re
Whispers. DOUBTLESS 1t is false and untrue'
alton Of EVELYN Nes6it was true and that the re-
t # ay 70 b h t the EeSs & Of aG' nao & S sn
self-abnegation- Sublime remuneration, indeed!
QUOTES FROM THAw'S LETTERS,
Mr Delmas read from two Of the letters Thaw
wrote to his counsel. Frederick W. LOngfeIlOw.
from Paris. in 1903. in which the refusal was
mentioned. He also referred to the testimony
of Mrs. William Thaw in which she said that
Thaw. after his return from Paris. would pass
sleepless nights. and finally told her OF the re-
fusaL Mr. Delmas reheaEsed the return OF
Evelyn Nesbit and her refusal to see Thaw, and
read from the letters Thaw had written.
Counsel went over the ground covered on
Monday relating to the mother and son attend
ing the church service in Pittsburg at which
Thaw mOurned because Evelyn Nesbit was noe
there. He also referred to the stories that White
Is said TO have told about Thaw. He told OF
Mrs William Thaw finally coming to New York
and meeting Evelyn Nesbit. and OF the mar
riage. Later. he said while on a business trip
here. young Mrs. Thaw met White. and 1Ir.
DeImas told Of the two chance meetings He
also told what Miss May Mackenzie is said 10
have told Thaw about Whites desire to again
win Evelyn. although she married. The
pie girl story was also gone into.
Speaking of the will and codiciI drawn bv
Thaw. IN which a sum Of money was left to pro-
ceed against White if possible. Mr.. Delnas said.
WANTS THAw ADMIRED.
We admire the men Of the days of Old when men
went about rescuing poor women. Why not admire
ths man to-day who dragged unfoTtunate girls
from men like Stanford White? The efforts 70 pro-