The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1907-04-12
DELMAS BEGINS HIS
POWERFUL APPEAL
BASES HIS PLEA FOR HARRY x.
THAW ON WRITTEN LAW
AND SYMPATHY.
Wife's Mother Scored-Bitter lnvec-
tive Also Poured Out on Stanford
White-Case Likely to Go to Jury
Wednesday.

murder of Stanford White, is nearing
the end. Attorney Dolphin M. Del
mas, the California advocate, Monday
afternoon began his closing address
to the jury, and after he had spoken
for more than two hours and a half
an adjournment was taken until Tues
day morning.
Mr.. Delmas expects to conclude be-
fore the luncheon hour is reached.
District Attorney Jerome will make
the closing address of the trial on
Wednesday, and Thaw's fate should
be in the hands of the jury by
Wednesday evening.
Justice Fitzgerald Monday ordered
the jury locked up until the end of
the trial. In view of this the judges
charge to the jury undoubtedly will
be delivered Immediately after the
district attorney concludes. The lat
ter says his speech will occupy not
more than three or four hours.
Strong Appeal by Delmas.
Declaring he would not base his
plea upon the 'unwritten law" be-
cause his client found ample protec-
ton in the written statutes of the
striking appeal to the sympathies
of the jurors, and so far as he pro-
crossed Monday the subject of Thaw's
insanity at the time he committed the
homicide was not even limited at
Mr.. Delmas based his argument
solely upon the story of Evelyn Mes
bit Thaw. With flushed cheeks, but
dry eyes, that young woman heard
her life history repeated to the men
who are to judge her husband, and
bowed her head as her mother was
denounced in the bitterest terms and
tones the eloquent lawyer could COM
mand.
Evelyn's Mother Denounced.
Even beast protects it's young"
he declared with scornful emphasis,
but this unnatural mother deserted
her daughter in this city of millions
to be betrayed by false friend, to be
lured into a gilded palace and there
left the victim of gray-haired man,
wounded, bleeding and devoured."
Mr.. Delmas went with great detail
into the life Evelyn Nesbit had led up
to the meeting with Harry Thaw. In
all of his remarks he referred to her
as this child" for child he said she
was to-day. He told of Thaw's great
love for her and his efforts to rescue
her from 1.-The clutches of Stanford
White" whose achievements in his
profession, the attorney declared were
an aggravation of his crime.
Mr.. Delmas, before beginning his
attack upon Evelyn Thaw's. mother,
poured out torrent of denunciation
upon the architect who became the
victim of Thaw's pistol. He accused
him of the crime of rape" and then
declared that President Roosevelt had
said in message to congress that
such a crime should be visited with
death. This was one of the sugges-
tons which Thaw himself made to his
counsel for his summing up speech.
Thaw as Agent of Providence.
Mr.. Delmas declared that God
heard the cry of the fated child upon
whom Stanford White had fixed his
gaze and had determined should he
his. He quoted from Scripture that
"he who aff1icts fatherless child
shall perish" and declared that provi-
dence had sent Thaw to avenge the
wrong.
The attorney declared that Thaw is
his wife's only protector, that he
came into her life when she was on
the downward path, and told her that
no matter what the world thought of
her, she was to him an angel. He
took her to be his wife, ready to share
the burdens that mother had helped
to place upon her'daughter.
Mr.. Delmas accused Mrs. Nesbit of
having lived upon the wages of her
daughters ruin. He sought to picture
to the jury what he termed the sinis-
ter surroundings in which the girl had
been reared, and in doing so he merci-
lessly attacked the mother He rose
to the highest point of his address
when he told the jury that the girls
mother was the one who had fur
nished District Attorney Jerome with
the arrows with which to wound the
daughter on cross-examination = a
cross-examination which he declared
would long live in the annals of Grim
inal history, but which left the girls
story mistaken in all its essential de-
tails.
Declares Wife's Story True.
That Evelyn Nesbit's story was true,
and was told to Harry Thaw, formed
the subject of the argument for more
than an hour. Mr.. Delmas declared
the only evidence the district attorney
had to bring against the girl was the
"miscalled affidavit" procured by
Abraham Hummel. Speaking of Hum
mel, Mr.. Delmas again drew heavily
upon his bitterest invectives and de-
clared that it would require more than
the word of a perjured man to send
Harry Thaw to an ignominious death.
Hummel was accused by Mr.. Delmas
of having committed deliberate per-