The Washington herald., 1907-04-10

comments on the testimony. or the testi-
mony which Dr. Hamilton did not give
There we're nine allenists who swore that
Thaw was insane the night he killed
White. as against six for The prosecution,
who sW0Te that he knew the nature ana
quality Of the act. and that Il was wrong
The alienists for the defense were eminent
men, eminent in this county and in Eu-
rope. The prosecutors alienists were
men Of limited experience. DR.. Evans and
Dr. Wagner came in for a good send-off
from Mr.. Delmas. II Il were a civil case.
the jury would have 10 decide on the pre-
dOndeTance Of the evidence. MI Delmas
said, and IN this case the preponderancs
Of the evidence was on the side Of the de-
fendant- He appealed 10 the humanity OF
the written law, he said-that huge law.
Give Benefit of Doubt TO Than.
To Thav would have 10 be given the
benefit Of a reasonable doubt Of his guilt
The jurors minds must be free from ali
doubt eyen-'the slightest hook on which
to hang a doubt. A learned Judge once
said that il was better TO let ninety-nine
guilty men escape rather than one In
n0eent man be punished"
II there is no doubt that It was gem
Grated in the agitated brain Of his de-
fendant that he was an agent of PrOvI-
dence; if there is one chance in q hun
dFed-you must give the benefit OF il
10 this defendant. Il is not for as TO
prove that he was insane Il was the
duty Of the district attorney TO prove
that he was sane.
Mr.. Delmas then drew a picture Of a
loved one, wife OF daughter. ILL., The
nh IAN enfH - Ea
recovery. Somebody presented an urn
with ninety-nine white balls and one
/ black one. You were told that if YOU
picked the black one the loved one would
recover.
Would you draw" he asked. The
chances were ninety-nine TO one against
YOU. Therefore. II there was any doubt
Of Thaw's guilt. he should get the benefit
Of it.
Dementia Americana.
Il don't care" said Mr. Delmas.
whether this insanity was Of a species
unknown TO these learned alienists. II is
a species Of insanity which mas been rec
ognized in every court in the Union from
the Canadian border TO the Gulf Of Texas.
II is that species Of insanity. which. if
you ask me to name it, I would label it
dementia Americana. It is that species
Of insanity which makes every American
believe that his home is sacred. that the
purity Of his daughter is sacred. that the
honor Of his wife is sacred: that makes
every man believe that ne who pallutes
his daughter or stains the virtues OF his
wife has forfeited the protection Of the
human law and he must appeal 10 the
Eternal God"
Then Mr.. Delmas started 10 cite two
xs-ha l,,
invoked. Mr.. Garvan was on his feet
with another objection.
The law viii be laid down by The
court" said Justice Fitzgerald, who ap-
parently had been waiting for Mr.. Gar
vans formal objection.
THAT law is a huge law" said Mr.. Del
mas, turning TO the jury Thank God
it is law that must be admired by men.
You are not the s0ulless human that
some would have yOu believe. You are
men Of flesh and blood. men with wives
and daughters, with homes graced by
children, and ] violate no law when I
ask you to Judge by that law which the
Great one spake, Do unto others as you
would have them do unto you. %
Final Plea Made.
Mr.. Delmas turned and faced Thaw
His shoulders were thrown back. and he
was putting tAAA MS StAE4EL III INTO MS final
plea.
Send this young man to his death when
driven into frenzy from what he suf-
fered2 He turned as the weakest Of Gre
ated things viii tuTn-as a worm will
turn on its tormenters. Send him TO his
death? All. gentlemen, recall the lam
guage of that book which contains thu
wisdom of the people OF old: Shall iona
than die, who wrought this great saliva
ton IN Israel? God forbid. AS the Lord
lieveth, there shall not one hair of his
head fan to- the ground, for he hath
wrought with God this day
4 now solemuly leave into your hands
the fate of Harry Is. Thaw" said Mr..
Delmas, suddenly ending his speech.
Mr., Jerome came into the district at
tOTney's Office shortly before Mr.. Deimas
closed his speech He did not 20 into
the courtroom. He said he did not know
how long il would take him TO sum up.
but it is not expected that he VIII get
through in time for Justice Fitzgerald 10
charge the jury tomorrow.