The daily morning journal and courier., 1907-04-09
PASSIONATE APPEAL 10
 SAVE HARRY THAW'S LIFE
DELMAS BASES HIS PLEA ON THE WRITTEN AND NOT UN-
 WRITTEN LAW.


 Accused's Act-Evelyn's Mother,
 Stanford White and Abraham Hum-
 mel Most ScathingIy Denounced--
 President ROoseveIt's Words on q
 Certain Crime FOrcibIy Brought Out
 Indication That Case Will be in
 Jury's Hand by Tomorrow Night.
 New York, April S.-The curtain be- gan to fall to-day on the dramatic trial of Harry K. Thaw charged with the murder of Stanford White. Attorney Dolphin M, Delmas, the California ad- yocate, began this afternoon his long, anticipated address to the jury, and after he had spoken for more than two hours and half an adjournment was taken until tomorrow morning. MT. Delnas expected to conclude before the luncheon hour is reached. District At torney Jerome will make the closing address of the trial on Wednesday, and Tnaws fate should be in the hands ot the twelve men who have listened to testimony by Wednesday evening. Jus" tice Fitzgerald to-day ordered the jury locked up until the end of the trial, nl view of this hardship placed upon them the judges charge to the jury undoubt- edly will be delivered immediately the district attorney concludes The latter says his speech will occupy but three or four hours
 Declaring he would not base his plea upon the "unwritten law" because his client found ample justification in the written statutes of the sovereign state of New York, Mir. Delmas made striking appeal to the sympathies of the jurors, and, so far as he progressed to-day the subject of Thaw's insanity at the time he committed the homicide was not even hinted at. MT. Delmas based his argument solely upon the story of Evelyn Nesbit Thaw. With flushed cheeks, but dry eyes, that young woman heard her life history repeated to the men who are to judge her hus- band, and bowed her head as her mother was denounced in the bitterest terms and tones the eloquent lawyer could command.
 Even a 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 gided palace and there left the victim of grayhaired man, wounded, bleeding and devoured."
 MT. 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 Tilaw's great love for her and his efforts to rescue her from "the clutches of Stanford White" whose achievements in his pro- fession, the attorney declared, were an aggravation of his crime. MT. Delmas, before beginning on Evelyn Thaw's s mother, poured out torrent of de- nunciation upon the architect who be- came the victim of Thaw's pistol. He accused him of the ''crime of rape, and then declared that President Roose- welt had said in message to congress that such a crime should be visited with death This was one of the sug- gestions which Thaw himself made to his counsel for his summing-up speech --one of the suggestions which played so important a part in the proceedings before the lunacy commission.
 MT. Delmas declared that God heard the cry of the fated child upon whom Stanford White had fixed his gaze and had determined should be his. He quoted from the Bible that "He who afflicts a fatherless child shall perish, and declared that Providence had sent Thaw to avenge the wrong.
 The attorney paid a glowing tribute to the love which Thaw and his wife bear for each other. He declared that Thaw is the girls only protector, that he came into her life when she was on the downward path, 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 bur- dens that mother had helped to place upon her daughter.
 MT 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 sinister surroundings in which the girl had been reared, and in doing so he merci- lessly attacked the mother. MT. Del mas rose to the highest point of his ad- dress to-day when he told the jury that the girls mother was the one who had furnished District Attorney Jerome with the arrows with which to wound the daughter on ross-examination-a cross examination which he declared would live long in the annals of crim- inal history, but which left the girls story unshaken in. all it's essential de- tails.
 That Evelyn Nesbit's story was true and was told to Harry Tnaw formed the subject of the argument for more than an hour MT Delmas declared the only evidence the district attorney had to bring against the girl was the ''mis- called affidavit procured by Abraham Hummel. Speaking of the latter, MT. Delmas again drew heavily upon the bitterest adiectives of his wide vocab- ulary and asserted with emphasis that 1t would require more than the word of @ perjured man to send Harry Thaw to an ignominious death. Hummel was accused by MT. Delmas of having eom- mitted deliberate perjury on the stand in the present trial when he swore he was not acting as Evelyn Nesbit S counsel, and tlat no action was con templated in her behalf. He said the