The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-04-10

New York. april classification was
the plea that Lawyer Dolphin 8I Delmas
made for Harry X. Thaw ia the last half
/ hour Of his address 10 the jury this aft
/ eraoon.
HE struck. exclaimed the lawyer. as
strikes the tgress TO protect the life OF
her cubs; be struck for the purity Of his
home; he struck for the purity Of the
American maiden; he struck Tor the
purity Of the American wife. And, II no
/ believed that ne was at that moment the
agent OF Providence, who shall say that
he was wrong?
Dir. Delmas concluded his address at
3I5 O'Clock. after having talked about
six hours. Justice Fitzgerald then ad-
journed court until I,50 O'Clock tomorrow
morning. when District Attorney Jeroms
viii begin his summing Up for the prose-
cutlon- He is expected to talk far
into the afternoon, so that the charge
to the jury may not be delivered before
Thursday morning.
Sketches Portrait Of Thaw.
In sketching his portrait Of Harry X
8Ir. Delmas told how Thaw. after shoot
ing White. turned and spread OUT his
arms in the shape Of a cross and COM
pared his attitude with that Of a priest
at the altar dismissing q congregation
after holy rite has been performed.
And later he quoted at the top OF his
soHOrous voice.
shall Jonathan die, who hath wrought
this great salvation in Israel? God for
bid. AS the Lord Hveth. there shall not
one hair Of his head fal 10 the ground:
for he hath wrought with God this day"
Nor was this enough. Only few mo-
ments before be ended his speech DE said
that while it might have caused some
confusion in the minds Of the jury that
the alienists had not been able 10 specify
precisely the kind Of insanity Thaw suf-
fered from when he killed White. IL
made no difference what 1t was called.
He hurried on:
-It Is species Of insanity that is
known from the Canadian border to the
Gulf OF Texas. II is that species Of in
sanity which. if you expert gentlemen ask
rae TO give il name, / suggest that you
label 'Dementa Americana
American Species of Insanity.
1T is thar species of insanity which
inspires every American 10 believe that
his home is sacred. Tt is that species
of insanity that inspires every American
70 protect the purity of his daughter. II
is that species of insanity that persuades
an American that whoever violates tie
sanctity of his home or the purity Of his
wife or daughter has f0feited the pro-
lection Of the laws OF this state OF any
other State"
In connection with this line Of talk.
Mr.. Delmas urged each juror TO put
himself in the place of Harry X Thaw
aud imagine that the one he most loved
had been betrayed as was Evelyn Thaw.
and tnen think what would have been
his own feelings in the subject. He rung
the changes on this thought and added:
Judge your fe!l0W-7uaH as you would
be judged"
While the weight Of Mr. Delmas. ar
gument was practically "a Justification
OF the killing of Stanford White hc did
not entirely neglect the insanity defense.
He recalled 10 the minds of the jurors
the fact that Evelyn ThaW had testified
that she considered ThaW had lonz been
crazy on the subject OF Stanford White.
and that every body else who knew him
was Of the same opinion He reminded
them of the testimony that whenever
ihaw saw White he used 10 grow pale
and bite his nails and stare until his
eyes seemed TO be starting from their
sockets.
Evidence Gone over.
He reeounted what Mrs. William Tbaw
had said of what Harry told her cf his
grief over the misfortune of the girl he
loved, and from that he came TO Thau's
attempts to get Anthony Comstock and
Air. Jerome TO prosecute White fer his
practices with young girls. He recited
the evidence that White had pursued Eve
lyn Thaw after her marriage. and had
said that he would get her back In short.
he went over every particle of evidence
that exhibited Il reason why Thaw should
have hated Stanford White And when
he had summed them all ny he declared
that, IN view Of all these things. Thaw
would have been more than human had ne
retained a mind capable of calmness upon
the subject Of Stanford White.
lie did not however, arrive at the alien
-st stage of his talk until after > O'Clock,
and then he did not huger long upon il.
He scored the district attorney for not
calling DIR. Allan McLane Hamilton 20 tes-
The defense did not ana also for objecting
when the defense. seeing that the prose
eution would not call him, tried 20 get his
testimony before the court
Judge Cautions DeImas.
Mr.. Delmas was going on to declare that
The jurors had a right to infer that if DR..
Hamilton had been allowed to testify he
would have testified thar in his judgment
rhaw was insane. Here Assistant Dis
rict Attorney Garvan. who. IN the ah
ience of Mr. Jerome. represented the
prosecution, arose to object. and Justice
told Alr. Delmas that he must
lot conjecture as 10 what evidence would
lave been given had some witness testified
who actually did not testify The Cali
ornian went on TO say that as faf as the
mental state Of Thaw ar the time of the
shooting was concerned. it was a cas-. Of
line alienists for the defense against six
.oT the prosecution.
Watch Eject on Jury.
Naturally, every person in the crowded
courtroom narrowly watched to note ths
fleet of the Caltfornian's address upon
he jury. The twelve men gave the closest
attention. as, indeed, did everybody else,
]ut not even the most elaborate efforts OF