The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-10

| unbroken testimony of all the witness
| es is to the effect that the demeanor. OF
| Thaw was perfectly calm and compos-
/ ed and that he walked quietly down
the aisle. When he reached the point OF
exit he espied to his right the form OF
Stanford White. White was intently
| looking at the stage. Mr.. Thaw then
turned. walked slowly and quietly
| towards him, faced him and fired three
shots which caused his death. He then
| slowly and deliberately, and / wish 10
call your attention to this circumstance
apparently Slight, but to my mind OF
| the greatest significance, turned to the
audience, spread out his arms in the
shape of cross and stood composed
| there-a circumstance which mas not
been dwelt upon by the learned experts
called as witnesses by the state, out
which denotes the character OF the ac-
ton that took place.
Mr.. Thaws stood as a priest might
have stood fter some ceremony OF sacrl-
fetal offering, saying, All is over, ana
dismissing the congregation. He turn
ed his pistol barrel down to Indicate 10
the audience that there was no dan
ger to them He then walked slowly to
where his wife stood and when she sara,
oh, Harry,s what have you done? he
replied, 1T is all right, dearfe, nave
probably saved your life AS he SAID
this he stopped and kissed her. when
he was diSarmed he said He has rum
ed my wife. When the policeman came
he said, He has ruined my wife
Before you send this young man to
his doom you must be satisfied OF MS
guilt beyond every reaSona BILE doubt
What is a reasonable doubt? The
term seems to define itself in its own
words. A reasonable doubt is a DOUBT
which any reasonable man may have
You are all reasonable men, and when
you doubt you can say that that IS a
reasonable doubt, the benefit of which
the law says you must give to the de-
PENDANT A great English judge once
said that it is better that ninety-ntne
guilty men shall escape rather than
that one innocent man should be pun
ished. If there is one chance in hun
dred that this defendant was of such
unsound mind as not to know the ma
ture of his act, then you must give him
the benefit of that doubt. If we con-
tend that this defendant was insane 1t
is for the learned district attorney 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 possession
of his reason and mental faculties. We
will suppose 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 valley of life at your side
is in imminent danger of death. The
physician 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 SO
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 die. Would you draw? No, gem
temen, 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
IN hi inc faT 1an
ct ask you in the name of the law
which invoke; ask you in the name
of humanity; 1 ask-you in, the name OF
religion, to resolve Whatever DOUBT
you may have in favor OF this defend-
..The] district attorney will make
light of the experts because they have
not defined the speGtes of insanity from
ing. 1t Is a species of insanity which
has been recognized, in every state of
this Union-from Canada to Mexico,
from the Atlantic to the Pacific.
dramatically turning to the alienists.
who testified for the prosecution. 'if
YOU desire a name sfor this species OF
insanity let me suggest it-cal 1t de-
mentia Americana.
THAT is the species of insanity which
makes every American man believe his
home to be sacred: Il that is the species
of insanity which makes him believe
t[e 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 species of insanity
which makes him believe that whose
ever stains the virtue of his threshold.
has violated the highest of 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 recognized by the courts in
the cases of ---
Mr.. Garvan was on his feet with an
objection saying that the argument
was taking too wide range.
You understand said Justice Fftz-
gerald to Mr.. Delmas.
The later waved his hand and turn
ed again to the jury.
Remember, gentlemen, the law is a
human law 1 violate no law when I
ask YOU to take the Oldest of all laws
the golden law-the law that is at the
foundation of all .laws-'do unto others
as YOU would have them do unto you
do not send this young man to
death for what he did.
IT now with all solemnity, leave in
your hands the fate of Harry K. Thaw."
Thaw arose from his chair, went to
where his mother and wife were sitting,
erasped their hands confidently and
then with head erect made his way to
the prisoners pen and across the bridge
of signs, his prison guard following
closely behind.
Thaw believes his case to be won and
6rnnlv expressed himself so to his coun-
sci.
Adjournment was ordered until 30
O'Clock this morning.
The case should be in the Jurors