Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-04-10
VERDICT TO BE ON EVIDENCE.
Tells the Jury That "Denentla
Americana" Has no Place
In Their Finding.
III Jurors Find That ThHw Was Insane
When He Killed White, 1t Is
Their Duty TO say So

New York, April 1o.--All previous
crowds were insignificant compared to
that which stormed the courtroom
doors this morning In an effort 10 hear
Dist, Atty Jerome sum UP the states
case against Harry X. Thaws slayer Of
stanford white.
Court did not convene until IL 80,
and two hours before that time the add
vance guard OF specta tors began to
arrive and took UP positions Of VAN
1ase in the corridors leading to the
courtroom so as 10 be among the first
TO be admitted when the doors were
opened. The police. however. were pre-
pared for the rush and kept the doors
closed until II O'clock But this did
not prevent a large number OF favored
friends from getting into the court
room before that hour. Court attend
ants employed the side doors. leading
to the anterooms, TO good advantage,
and so when the main entrance was
opened, the trial room was almost
filled.
The small enclosure in front Of the
Judges bench was also taxed TO its ut
most capacity by the friends and as
sistants OF the attorney. and altogether
The scene In the courtroom when M
jerome rose TO address the jury was
one of tense interest, in expectancy
and suppressed excitement.
In the corridors the scenes were most
stirring. Scores of disappointed men
and women made an onslaught upon
the police In a last effort 10 pass,
only TO be repulsed and fairly dragged
back from the entrance. Men with
imagined Influence pleaded with the
officers, cajoled begged and threat-
ened, but all in vain,
THAw FAMILY ARRIVES
About Eve minutes before the session
was be gun members OF the Thaw fam-
w began to arrive. The first TO enter
was Josiah Thaw, accompanied by the
Countess of Yarmouth, Mrs Carnegie
and her husband We're next. MIS-. Ed
ward I-hav and Evelyn Thslw followed
quickly, and the elder Mrs. Thaw came
last. All looked hopetul anu coiih-
dent.
Al HE'S Justice Fitzgerald took his
seat upon the bench and the jury was
brought In, and Harry Is Thaw was
called to the bar.
JEROME BEGINS.
Gentlemen of the jury. said Mt Je-
rome arising when the court had open
ed, from all can Judge from the pa
pers-I having been absent--you nave
been wandering through mere Held OF
romance for two days Ihe are or
human being is NOT to be judged on
such prem SEES The issues here cannot
be determined by quotations from the
Scriptures. YoS have been entoined by
the court to make up your verdict sole
ly from the evidence,
1.-THE attorneys for the defense have
had the responsibility of human life
resting upon them. But there has been
a responsibility equally grave upon the
prose cutior.
''The Jaw is not a cruel law 1t does
not punish for the mere sake of punish
ment. 1t Furnishes to protect those who
live under it.
Important as It is that no human
life should be put out unjustly II is
equally Important to the community In
which YOU and i dwell that the law
shall be justly upheld.
II. gentlemen. have had no easy task
II In the heat of the battle | have trans
cended the courtesy due to counsel. I
will beg you TO overlook II. II In the
jud grnent of the court have gone fur
Their than ] should have gone In making
certain statements In court, ! have
nothing bur regret for IT. This Is a time
for us all 10 lay aside our anlmosIties
The issue here lis not to be determined
upon my personality or upon that of
the counsel for the defense.
DUTY OF JURY
Keep clearly In mind that while the
defendants counsel stand for the de-
PENDANT individually, there is another
side, tho side OF the people. OF whom
you are a part. This is no action be-
tween the executors OF Stanford White
and this defendant; II Is not a trial to
determine whether Evelyn Nesbit was
raylshed by Stanford White, II is an is
sue between the people OF New York
state and Harry Thaw, and II Is 10 de-
IermIne whether what he did was just:-
fable or excusable or whether he would
be punished for 1t,
u Will assure you that. not upon the
word OF the counsel. but upon the evil
donce you are bound by your oaths to
decide this issue. On the evidence /
VIII try 10 point out 10 you that this
defendants crime WAS not justfiable
or excusable and that he should b.
punished.
You are not entitled 10 say that this
man is guilty because the grandsjury
indicted him for murder In the hrst de-
gree but you are entitled 10 consider
that on the records they said the un-
explained evidence justified them in
charging him with murder in the frs;
degree"
Mr., Jerome went briefly into the law
covering the various classes Into which
homicide is divided, describing each.
If DEFENDANT WAS INSANE.
III you md that this defendant was
IN sane when he killed White 1t Is your
Auty to say 30 In your verdict III you
do not say SO 1t lis because You believe
that this crime was Justltable. JustI-
liable does not mean dementin Ameri-
cana II means self-defense. But when
a man sits with his head IN his hands
and is deliberately shot with a pistol
held 30 close TO him that after IN
shooting the Victims own brothcf-ln-
law did not recognize him. It can hardly
be called self-defense east OF the Mis-
sIssipp river"
ONLY FOUR vERDIcTs.
'-rhere can be logically but one Of
four vsrdlcts returned by you-murdsl
In the frst degree, because there was
not only design but premedtation
murder In the second degree. heca use
there was design but no premsdtatlcn,
manslaughter. because there was
neither design nor preraedltatlcn' pu'