The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-04-09

K. Thaw, charged with the murder of
Stanford White is nearing the end At
torney Delmas this afternoon began his
closing address to the jury and after hav-
ing spoken for more than two and half
hours, an adjournment was taken until
tomorrow morning. Mr.. Delmas intends
TO conclude before 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 today ordered
the jury locked up until the end of the
trial In view of this the Justices charge
to the jury undoubtedly will be delivered
!. Immediately after the district attorney
concludes.
Declaring he would not base his plea
upon the ''unwritten law because his
client found ample protection in the writ
ten statutes of the state, Mr.. Delmas
made a striking appeal to the sympathy
of the jurors and so far as he progressed
today the subject of Thaw's insanity at
the time he committed the homicide was
not even hintod at.
Mr.. Delmas based his argument solely
upon the story Of Evelyn Nesbit Thaw.
With flushed cheeks, but dry eyes. that
voung woman heard her life story re-
peated 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 coulu
command.
Even a beast protects It's young he
declared with scornful emphasis. but
this unnatural mother deserted her daugh-
ter in this city of millions to be betrayed
by a false friend, to be lured into giid-
ed palace and there left the victim OF a
sray-haired man, wounded bleeding and
devoured."
Mr.. Delmas went with great detail into
the life of Evelyn Nesbit up to the meet
ing with Harry Thaw. In all OF his re-
marks he referred to her as this cnlld,
for child he said she was today. lie tolu
of Thaw's great love for her and ms ef-
forts to rescue her from the clutches OF
stanford White" whose achievements IN
his profession the attorney declared were
an aggravation of his crime
Mr.. Delmas before beginning his at
tack upon Evelyn Thaw's mother, poured
out a torrent of denunciation upon the
architect who became the yictlm OIL
Thaw's pistol. He accused him OF the
crime of rape and then declared that
President Roosevelt had said in mes
sage to congress that such crime shouio
be nnnished with death. This was one or
the suggestions which Thaw made hlm-
self tn his counsel for the summlng-one
of the subjects which has played SO I'M
portant part in the proceedings OF the
lunacy commission.
Mr. Delmas declared the only evidence
the district attorney had to bring against
the girl was the "miscaled afhdavlt
procured by Abraham Hummel. speaking
of Hummel, Mr.. Delmas again drew heaV-
ily upon his bitterest invectives ana ue-
clared that it would require more tnan
the word of perjured man TO seno mar
nv Thaw to an ignominious death' huii-
mel was accused by Mr.. Delmas OF nav
ing committed deliberate perjury upon
The stand in the present trial Wnen ne
swore he was not acting as EVelyn Nes-
bit,s counsel and that no action was con-
templated in her behalf. He SAID the So
called affidavit itself convicted tne man
of these falsehoods.
Mr. DeImas devoted practically all or
address today to the resume of the evil
dence of certain witnesses. The court
room this afternoon was crowded with
an eager throng. and Justice Fitzgerald
Injunction that absolute quiet must be
observed was hardly necessary. Outside
the court room long line of persons
waited for an opportunity to enter, but
once the seating capacity of the court
was exhausted, no more spectators were
a1-nitted In the throng today were many
ATTORNEYS of note. some oil WnOm nave
travelled many miles to be present at
the climax of the trial which for length
and sustained interest has no equal.
All of Thaws family were in the court
ROOM They sat unmoved as usual
throughout the course of Mr.. Delmas' ar
gument their features betraying no emo
tion. Thaw turned to them from time
TO time as his attorney seemed to strike
some telling blow. Thaw also turned fire.
ouently to his wife, who seems to be
standing the brunt of the storm. She
had responsive smile ready for his
every look.
District Attorney jerome was not in
court to hear Mr.. Delmas' speech. His
assistant, Mr.. Garvan, took notes, how
ev Mr.. Jerome. it was said was busy
with the preparation of his own ad-
dress.
A. the morning session of the court Mr..
Jerome formally protested against the
confirmation of the report of the lunacy
commission. He made no argument. how
ever and his motion was quickly over
rulal. The defense then sought to have
DIR. Allan McLane Hamilton testify, but
the district attorney interposed an OBJ
lection to the examination of DR. Ham,
ilton in sur-rebuttal. which was sus-
tanned. Mr. DeImas then announced that
the defense rested. Mr.. Jerome made
similar announcement.
Trial Opens.
vvhsn the Thaw trial opened this morn
ing, It was believed that 1t had at last