The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1907-04-09
IN THAW'S DEFENSE
Attorney Delmas Makes Opening
Argument in Noted Case.
WIFE's STORY BASIS OF PLEA

WIFE'S STORY BASIS OF PLEA
Upnolds TruthfuIness Of Evelyn's Tes-
timony on the Stand and Makes It
the Foundation Of Most Of His Ad.
dress to the Jury.
New York, April 9.-The Thaw trial
is rapidly drawing to a close, argu-
ments to the jury being under way,
Mr., Delmas, for the defense, opening
during the afternoon session Of court.
When the trial was resumed Justice
fitzgerald overruled District Attorney
Jerome's formal protest against the
confirmation OF the report of the COM
mission In lunacy which declared
ThaW sane The justice signed the
report and ordered that the trial pro-
coed.
Or. Allan McLane Hamilton was
called as the last witness, but the dis
trlct attorney objected to his testify
Ing at this stage of the case The OBJ
| lection was sustained and then both
the defense snd the people announced
that they rested.
One of the spectacular moments in
the IhaW trial was that in which Del
ph1n NJ. Delmas rose to address the
Jury for the defense. The courtroom
was packed to the doors and scores Of
eager men and women were barred
because of the limited number of
available seats. r.
Begins His Appeal to Jury,
Mr.. Delmas began his appeal to the
jury by quoting from an utterance of
District Attorney Jerome during the
trial. He said:
We have no right, if the real facts
were known, to be- here trying this
man and would be absolutely prohib-
tied by the statNtes.'
Had you heard these words" con-
tinued the attorney, from some ire
sponsible babbler instead of from an
official charged with a great public
duty; had they been spoken in a place
where idle men resort to indulge In
| idle talk instead of in tribunal
wherein justice presided in solemnity;
had the occasion on which they were
uttered been some trivial discussion
on some insignificant topic instead of
a debate the issue of which is life or
death, and had you after so hearing
them heard the same lips make an
appeal to prove that the law demand
ed forfeit Of the life of the man about
whom they were spoken these words
might not have filed you with amaze
ment''
justification in Written Law.
Continuing, Mr.. Delmas declared
that he would not call on such a
fimsy thing as the "unwritten law"
as defense. Thaw's act, he said,
found justification in the written law,
which gives every, man the right to
protect his life and liberty. Referring
to Stanford White Mr. Delmas de-
clared the architect had committed
felony in his assault on Evelyn Mes
bit, whose career the speaker traced
from childhood down to her marriage
with Harry K Thaw. In the course
of his plea, while Mr.. Delmas was
argu y as to the truthfulness of Eve
lyn's story on the witness stand, he
paid a glowing tribute to District At
torney Jerome, calling him a master
mind, but added that even though gift
ed beyond the average mind he could
not shake the testimony of Evelyn
Nesbit Thaw He declared that the
large sums paid by Stanford White to
Mrs. Nesbit proved he had ruined the
daughter. He denounced Mrs. Nesbit
as all unnatural mother, who had
given the district attorney a state
ment to torture the wounded soul Of
her daughter ~ p
EveIyn's Story Basis of Address.
Mr.. Delmas continued to base his
plea on Evelyn Thaw's story, declaring
it's truth was proven by documentary
evidence. Mrs. Thaw listened with
REDEEMED eyes, but she did not weep.
Mr.. Delmas quoted at length from
Thav's letters to MIR. Longfellow from
Paris in 1903, which, he claimed,
proved Evelyn Nesbit told Thaw her
story
Mr.. Delmas dwelt for some time
upon the testimony of Abraham Hum
mel, denouncing his story as false
the story of convicted felon.
Mr.. Delmas spoke about two and a
half hours. In asking Justice Fitz-
gerald to adjourn he stated that he
would finish his argument in another
half day.
District Attorney Jerome was absent
while Mr.. Delmas was making his
final plea to the jury. His assistant,
Mr.. Caravan, took notes of the speech.