The free lance. (Fredericksburg, Va.) 1885-1926, 1907-04-11
The UkWRT1TEN LAW
DeImas Makes Dramatic Appeal
TO Jury in Thew Case.
MAKES HERO OF PRISONER
Declares He Shot Down Stanford
White For the Home, For American
Womanhood and For Humanity and
Finishes With Insanity Plea.

written into history. With an ora.
torical appeal to both the written aAd
the "unwritten law" for the justiflca
ton of his client. Dolphin Nj. Delmas,
the California lawyer, concluded his
exhaustive summing up address TO the
Jury. District Attorney jerome will
close in a three or four hour address
and is expected to make plea which
will be accounted one of the best ei-
forts of his life. Justice Fitzgerald
would not say whether or not he
would charge the jury directly follow
ing the district attorneys closing re-
marks but the general impression Is
that he will do so. In this event there
seems little doubt that the case will
be turned over to the jury by this
tuesday evening.
With the exceptions of moments
when he was reading from testimony
Mr.. Delmas speech was one of sus
tanned oratorical effort He threw
about the form OF Harry Thaw the
cloak of chivalrous knighthooi.
why" he shouted. should we who
admire the chivalry of the knights OF
the middle ages who went about re-
dressing wrongs and rescuing maidens
in distress. withhold our sympathy
from this brave MANI
Bitterly Denounces White.
Bitterly the attorney again assailed
Stanford White. He declared White
sought to play with the girl so long
az her beauty remained and then
would have thrown her away like a
dirty rag to float down LIES sewers
to a grave in she Potters Field.
Again he said: Harry Thaw had
snatched the girl from the old lecher
who saw in her but a toy to crafty
a moments lust and then be cast aside
to go her way down the paths of fall
en- wCmen.
With dramatic emphasis Mr. Del
mas cried out that when Harry Thaw
beheld Stanford White on the Madi-
son Square roof garden the story of his
wife's wrongs overcame him. He pic
tured in an instant-as a dying man
may picture his past life - all that
Stanford White had done-"the ruin
he had wrought. and he struck: struck
as the tigress strikes in defense OF her
Young: struck for the home. struck
for American womanhOOd, struck for
humanity and Stanford White fell
"Ah. gentlemen" the advocate went
On. III Harry Thaw believed he was
the instrument of Providence, who will
say he was mistaken"
Mr.. Delmas discussed but briefly the
testimony OF the expert witnesses. de.
vlaring that whatever weight might
attach to their utterances was on the
side of the defendant He declared
the burden of proof as to Thaw's san
ity at the time of the homicide rested
with the prosecution. which had failed
to make out Its case.
II was in discussing Thaw's mental
state that Mr. Delmas came at last to
the "unwritten law" He declared the
experts had been at a loss to classify
the form of insanity from which Thaw
suffered.
"Dementia Americana"
81 viii! suggest its name, he declar-
ed. 81 would call it 'Dementia Ameri-
cana. It is a species of insanity
which has been recognized in every
state of this union. 1t is that species
of insanity which makes the American
man believe his home, his wife. his
daughters. are sacred. and that who
soever stains the virtue OF his thresh-
old violates the highest of human law.
Bringing into play all the eloquence
at his command, Delmas pictured tho
martyrdom of Evelyn Nesbit when she
refused the hand Of Thaw and the
broken heart OF Harry when his oner
Of marriage was spurned
He drew in almost glazing colors the
storm that was gathering in the four
corners of the clouded horizon when
Evelyn told Harry that because she
loved him. because she did not want to
see the finger of scorn pointed at him.
because she would not tear him from
his noble mother and dear sisters. be
cause she did not want to tie her I'M
fortunate existence to his, because she
wanted to go back and make her own
living and 20 down in the world where
so many, many others had gone be
fore her, and disappear from his life
forever she. Evelyn Nesbit. could not
become the wife of Harry Kendall
Thaw"
This sacrifice he characterized as
Sublime remuneration. and to it he
attributed the restlessness which soon
thereafter became manifest in the con-
duct OF Thaw.
Mr.. Delmas had no hesitation in call
ing Evelyn IAN angel child" and Harry
Thaw "a noble, honorable lover. with
only one purpose. to make Evelyn Mes
bit. the little girl he loved, his hon
orable wife"
He paid bis respects to Mr. Jerome
by ealing him THE sneering district
attorney" and took another fling at
Abe Hummei.
Twice during his closing periods
Mr. Delmas was interrupted. by Assis-
tant District Attorney Garyan. Mr.. Je
rome being absent from the court
room. Mr. Garvan suggested that the
argument was taking too wide scope
and Justice Fitzgerald called Mr.. Del
mas attention to the fact.
Thaw seemed to be in the best OF
spirits and declared to his lawyers In
the Tombs that he felt his case was
won. He seemed to have no dread OF
the assault OF the district attorney.
In view of the district attorneys re-
marks before the lunacy commission
that Thaw is today hopelessly insane
much interest attaches to the line OF
argument he will pursue in asking FOL
the mans conviction.
OADn