Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-04-11

dict you must lay It aside and guide your.
selves solely by intellectual process"
Mr.. Jerome discussed the question Of rea-
sonable doubt. He said It was such a doubt
as a would act upon in matters per-
tanning to his own private affairs and moth
ing more
1T must be a doubt OF which you are
reasonably or morally certain. A reason
able doubt 10 not a mere within.
DementIa Americana.
"On the subject of insanity you Jurors
were carefully examined" said Mr. jerome
You swore you would not inject any idea
OF your own into your judgment, but take
the law as II was laid down to you by the
court You swore you would accept only
that form of insanity which deprives
man OF the knowledge Of the nature or
quality OF his act or It Is wrong-that is,
against the current morality OF the COM
munity. You did not swear to bring this
dementia Americana into the case"
Each mention OF "dementia Americana"
was uttered by Mr.. Jerome with sarcas-
tic infection.
Dementla Americana, men," he said.
has no place in your verdict. You swore
to take no higher law than the law Of your
state.
"Dementia Americana
What Is the denentia Americana which
waits and glares at its enemy for three
years and then kills? II waits three long
years and grows bitter and then strikes.
Dementia Americana - that haunts the
woman for whom It kills through the capi-
tails Of Europe for two years as its mis-
tress. Is that the higher law?
hide itself under the hem OF woman's
skirt.
"Dementia Americana-is that the law
which puts woman up TO tell Of her
shame-or misfortune, as the case may be-
to all the world in the hope It will shield
worthless life from the peoples just de-
mand?
That Is not the kind Of law you swore
to accept, and II you do #. men, you vio-
late your oaths."
Murder CoId-BIooded
who made this man the execut,oner Of
Stanford White? Had he no right to put
his faith in the laws of this state? Must
man go armed here as in a mining canp?
There Is nothing in this direct case, gen
tlemen. that does not show cold-blooded.
premeditated murder. And to this what
answer Is made? I was insane when
went thirty feet across that room and fired
three shots into a mans head l did not
know it was a pistol l held in my hand.
1 did not know it was Stanford White, nv
enemy; l was shooting; l did not know
the nature and quality Of my act and
did not know that 1t was wrong
'Gentlemen, when the law says thai
when man does not know an act is wrons
; he Is eNcusable 1t does not mean that ir
his opinion 1t lie not wrong, but that hi,
mental condition is such that he does no
know the act is legally wrong When tn,
anarchists in the Chicago Haymarke
threw me bombs they had nothing agalns
the police whom they killed; they wer,
simply deluded men who believed It wa
their duty to kin all the representative o
law and order, but they knew that unde
the law that that act was wrong"
Jerome Denounces Evelyn Thaw.
Mr.. Jerome said it seemed to him tina
the voice OF murdered Stanford White wa
crying out to him cant you say one wor,
for me? Must l go down to the fires o
he'll Northumberland"
Luncheon was orders from l to 2 D m.
Mr.. Jerome denounced EveIyn's stor,
as false. He said Evelyn Nesbits diar,
was the key to the whole story
Mr.. Jerome said the police delivered IN
diary to him the night before he put Il fl
evidence. 1t did not come from Evelyn
mother.
Jerome said; I'VE all known what III
life OF the stage is. What was Garlan,
running after her for? Why did Thaw sem
her roses and $50 bllls?"
Jerome said this Is a common, vulgar
everyday tenderloln homicide"
jerome Quotes Scripture.
After reviewing the testimony q the ex
Perts and contendirg that they showed tina
the defendant knew the nature and qualit
OF hIs act, Mr.. Jerome concluded:
row let US come back to the klllins
IhSre IS not In any OF the acts OF tina
hlsht one thing that shows a lack Of au
probation Of what he was doing You re
member the C. nyersation with Mr. smith
vas tne'e anything irrational there? An
ailer the Killing did he say that he wa
the agent OF Almighty God who had bee
directed 20 make way with this debauC he
OF American Womanhood? No, he said
lite ruined my wife, There was nothin
said about Providence until afte- his cor
au4l"H'E with my friend DIT. Evans.
Ino WORDS, - ruined my wife. he "a
pressed a motive for the crime But theI
was nothing irrational there and there wa
| h,llhE irrational about what he did tha
hlshL When he got TO the station hous
| no save a ucuuCus name. That was n,
| NE insane mantle agent OF Providence
| me one man chosen OF God 10 avenEe
| righteous act "
| Mr. Delmas appealed to the scripture
| Let me TOO, direct your attention 10 the
| 70 what the Lord said. .'VsHe0ance
| Nine j shall repay Let me also relnir
| you Of the great fundamental law sounds
| down the ages. the commandment OF Go
| THU shalt not kill"
MI Jerome then sat down.
/ Justice Fitzgerald ordered a twenty-hv
minute recess before beginning his chars
70 the jury.
Judge FitEEerRId's Charge.
| Justice Fitzgerald began his charge
| the jury by saying:
| Gentlemen Of the jury, II now becom
| my duty 10 give to you such instruct OF
| upon the Law as are necessary TO snab
| you o perform your duties as iurcrs AZ
! 70 define 10 you the legal guides BY whit
= you are TO be governed IN considering a
eNloonCe and reaching vow cnr-clL.lnna