Omaha daily bee., 1907-04-10
DELMAS ENDS SPEECH
Attorney Makes Forosful and Eloquent
Plea for life Of Thaw
SAYS UNWRlTTEN LAW JUSTlFlES KILLING
Each Of the Jurors is Asked TO Put Himself
in lhaw's Place.
TESTIMONY OF EXPERTS DISCUSSED
Prosecution Has Failed to Show Defendant
Sane Mich. Of Tragedy.
DISTRICT ATTORNEY -ROME TALKS TO-DAY
He VIII Conclude Early and It is
Expected Judge VIII Charge
Jury Before Adjourn
ment.

NEW YORK, April e.--In an eloquent
appeal, both to the written and unwritten
law, Dolphin NJ Delmas this afternoon
committed Harry X. Thaws fate to the
Jury, The California attorney concluded
his hve-hour summing up speech decar-
ing his client was JUSTIFIED in killing stan
ford White.
Tomorrow morning at 1880 District At
torney Jerome will make his appeal in be
half OF the prosecution. Justice Fitzgerald
probably will charge the jury and by to-
morrow evening at the latest the famous
case will pass to the deliberation Of the
twelve men who have so carefully at
tended its uncertain course for weeks
past Mr.. Jerome expects to talk for
three or four hours.
Justice Fitzgerald would not say today
whether or not he would charge the jury
directly following the district attorneys
closing remarks but general impression is
that he will do So
With the exception Of the moments
when he was reading from testimony Mr.
Delmas speech today was one Of sustained
oratorical EFFORT. He threw about the
form of Harry Thaw the cloak Of chival-
rous knighthood why" he shouted
SHOULD we who admire chivalry Of the
knights Of the middle ages who went
about redressing wrongs and rescuiug
maidens in distress, withhold our sym
pathy from this brave man?"
stanford white AssaIIed.
Bitterly the attorney assailed Stanford
White. He declared White sought to play
with Evelyn Nesbt so long as her beauty
remained and then would have thrown
her away hike a dirty rag to float down
life's sewers to a grave in the potters'
neld"
Again he said: Harry Thaw had
snatched the girl from the old lecher who
saw in her but a toy TO crafty a mo
ments lust and then be cast aside to go
her way down the paths OF fallen women -
With dramatic emphasis Mr.. Delmas
cried out that when Harry Thaw beheld
Stanford White the Madison Square
roof garden the story of his wifes wrongs
= 0vercame him. He pictured In an instant,
as a dying man may picture his past
lfe--all that Stanford White had done
"the ruin he had wrought and he struck
struck as the tigress strikes in defense
of her young; struck for the home; struck
for American woman; struck for human
ity. and Stanford White fell
'Ah, gentlemen" the advocate went on
'Tf Harry Thaw believed he was the In
strument OF Providence, who will say h,
was mistaken"
Mr.. Delmas discussed but briefly IN,
testimony OF the expert witnesses, declar
ing that whatever weight might attacl
to their utterances was on the side Of tn,
defendant. He declared the burden of proc
as to Thaws sanity at the time Of the hom
icide rested with the prosecution, which
had failed to make out its case.
Unwritten Law Invoked.
In discussing Thaw's mental state, Mr.
Delmas came at last to the "unwrftter
law" He declared the experts had beef
at loss to classify the form of insanit.
from which Thaw suffered.
II will suggest it's name" he declared
'I would call Il dementia Americana
n species OF insanity which has beei
recognized in every state Of this union. I
is that species OF insanity which make
the American man believe his home, hi
wife, his daughters, are sacred and tha
whosoeyer stains thS virtue OF his threshold
violates the highest OF human laws"
Twice during his closing periods Mr.. Del
mas vas interrupted by Assistant Distric
Attorney Garvan, who suggested the argu
ment was taking too wide a scope, an
Justice Fitzgerald called Mr. Delmas al
tention to the fact.
Ti.aw seemed tonight TO be in the best q
spirits and declared TO his lawyers In IN
Tombs that he felt his case was won. II
sesmed 20 have no dread OF the assault G
the district attorney tomorrow. There wa
report today that Mr. Jerome was Il
but he appeared at his once during IN
afternoon and said he had been busy 10
two days preparing his argument
In view OF the district attorneys remark
before the lunaey commission that Thar
Is today hopeleSsly insane, much intersl
attaches 20 the line of argument he wi
pursue In asking for the mans conviction
When Mr.. Delmss arose TO resume HI
argument he told the jury he would er
deavor 70 be as brief as possible in ords
not TO tax It's patience and 20 relieve
OF its onerous duty as speedily as is cor
Histsnt with the responsibility resting upo
him
when I am done" said Mr DelmRs.
shall give the fate Of my client into yol
hands with every confidence"
Mr.. Delmas said it would be necesasI
20 cast a rapid glance over his remarl
OF yesterday In order TO connect n
threads Of his argument
Condition OF Thavv'a Mind.
opennE his remarks by reference to Al
Hummel and denouncing him as a felo
the speaker quoted briefly from the a.
dress Of Mr.. Jerome in the case where
Hummel was connected. He said no IN
,aRination could have invented the stcl
told 20 Thaw by his wife; that the Iette
written by Thaw to Attorney LongfellO
vrove that the story was really told
related by the wife on the witness stan
Ths sneaker declared that Evelyn Nest
-. willing 70 sacrifice herself for Har
rhaw and that her story had produc
mental suffering He continued;
.'sueh was the condition OF Harry ThaW
mind when. In the fall OF 1898, he part
from Evelyn Nesbit in Europe and sent h
bsok TO New York ahead Of him. TheI
gentlemen, you have the iTst dawn OF q
mental condition which manifested its'
three years afterWard.
THE foundations OF his reason were u
dermined. The storm had not burst b
the clouds we're gathering from the 10
ootnts OF the compass and from them 1