The Montgomery advertiser., 1907-04-10

the greatest, if not the greatest in the world. They tell in answer to the same question that Harry Thaw was beyond oouot insane on the night of June 25. He believed he was acting as an agent or providence and he was not respon- sible.
 Against these experts I repeal, there are but six, four of whom have had lit- tie practical experience. Were 1t question of nere dollars and cents, question of the ownership of property. the court would instruct you that you must decide according to the prepon- derance of evidence Would there then be any question of a decision between six witnesses and nine? If 1t were still preponderance of evidence that was to decide the matter of life and death, the preponderance would still be with | us; but the learned justice will instruct you that this is a matter which re- quires evidence beyond a reasonable | doubt. Gentlemen, take your minds | back to the day you were examined. when the learned justice said to you, Are you ready to give this defendant the benefit of every reasonable doubtT and on your oaths that you were. you were admitted to the jury box. Takes Up Reasonable Doubt. Before you send this young man to his doom you must be satisfied of his guilt beyond every reasonable doubt. What is a reasonable doubt? The term seems too definite itselt In its own words. A reasonable doubt 1t a doubt which any reasonable man may have You are all reasonable men, and whenever you doubt, you can say that | there Is a reasonable doubt. benefit Of which. under the laws. you must give to the defendant
 "A great English judge once said that it Is better that ninety nine guilty men should escape than that one innocent man be punished If there is one chance in hundred that this defendant was of such unsound mind as not to know the nature of his crime, then you must give him the benefit of that doubt If we contend that this defendant was in- sane, 1t is for the learned district at- torney to prove that he was sane. He must establish that the defendant was sane at the time of the enactment of the tragedy: that he was in full pos- session of his reason and his mental fa- oilities."
 MT. Delmas said that If the jury would permit, he would draw an illus tration for them. We will suppose" he said. that the dearest being on earth to you--maybe the beautiful daughter who graces your home like a sunbeam. or the lovely wife walking down the
 
 minent danger of death. The physi- clan at the bedside tells you there is an equal chance, as between life and death.
 "Then we will suppose that an urn is set down before you containing ninety nine white balls and one black ball. You are told to place your hand within the urn. and that if you draw the black ball your beloved will surely live. but if you draw one of the white balls, she will surely die. Would you draw. No. gentlemen, you would say the chances as nature has them are equal It is not for me to interfere or take such perilous chance. Do not take the chance of doing wrong in this instance.
 T ask you in the name of the law, which I invoke; ask you in the name of humanity: I ask you In the name Of religion, to resolve whatever doubt you may have in favor of this defendant
 "The district attorney will make light of the experts because they have not defined the species of insanity from which they say Harry Thaw was suf- fering. It is a species of insanity which has been recognized in every State of this Union--from Canada to Mexico. from the Atlantic to the Pa cifc.
 Dementia Americana.
 "Ah. gentlemen said Mir. Delmas dramatically, turning to the alienists who testified for the prosecution, If you desire a name for this species of insanity let me suggest it--call it De- mentia Americana.
 That Is the species of insanity which makes every American believe his home to be sacred: that Is the spe- cies of insanity which makes him be- lieve the honor of his daughter is sacred; that Is the species of insanity which makes him believe the honor of his wife Is sacred: that is the spe- cies of insanity which makes him be- lieve that whatsoever invades his home, that whatsoever stains the vir- tue of his threshold has violated the highest human laws and must appeal to the mercy of God, if mercy there be for him anywhere in the universe.
 That is the species of insanity which has been recogni ed by the courts in the cases off,"
 Mir. Garvan was on his feet with an objection, saying that the argument was taking too wide range.
 You understand.' said Justice Fitzgerald to MT. Delmas. the latter waved his hand and turned to the jury.
 ''Remember gentlemen, the law is human law I violate no law when I ask you to take the oldest law--the Golden law--that Is at the foundation of all laws--Do unto others as you would have them do unto you. DO not send this man to death for what he did.
 q now with all solemnity leave in your hands the fate of Harry K. Thaw."
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