Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1907-04-12
END OF THE THAW TRIAL.
Jury Unable to Agree Upon Verdict
and Mistrial Ordered.

and Mistrial Ordered.
News was received this morning from
New York to the effect that the jury
having found itself unable to agree,
after having been out since Wednes-
day evening, Justice Fitzgerald order
ed a mstrial.
The last three days Of the trial were
devoted to the summing up by counsel
There were only two speeches. Del
mas spoke for the defense on Monday
and Tuesday and was followed by Je-
rome for the prosecution on Wednes-
day. The charge Of Justice Fitzgerald,
Immediately following the summing
up of Mr. Jerome, consumed about
one hour. and was completed at 5.17
o'clock Wednesday. The trial was
commenced on January 90.
The speech of Lawyer Delmas, for
the defense is generally conceded to
have been a most eloquent one, the
audience hanging on his every word.
Mr. Delmas made a great deal Of the
story Of Evelyn Thaw, insisting that
every word she spoke was true, and
holding out the impression her story
made on Thaw's mind as justification
for his act. He denounced Evelyn's
mother most severely, describing her
as an inhuman mother living off the
shame of her own daughter and fur
nishing the district attorney with evil
dence intended to bring her daughter
TO confusion. He did not argue Harry
Thaw's insanity; but claimed that the
only trouble with him was "dementia
Americana" meaning that he was a
virtuous exponent Of that American
spirit which believes in the protection
of outraged womanhood. He paid a
splendid tribute to the devotion of
Evelyn, and insisted that the only tes-
timony that the district attorney was
able to bring against her was that of
Abe Hummel a convicted felon When
Delmas concluded, Thaw and his
friends seemed to be very much elated
over the prospects. Jerome was not
present during the delivery Of Delmas'
speech.
Jerome began, 1--WE seem to have
been wandering through a field Of
romance for two days. No matter how
fine the actor. we must not be sway
ed by what we desire, but we must re-
member what the safety Of the state
and the safety Of us all demand. I'm
portant is the issue. This mans life
cannot be determined by biblical quo
tations."
Jerome declared that this is no civil
suit No quarrel between Stanford
Whites executors and Harry Thaw;
not a trial to determine whether
White assaulted Evelyn Nesbit; 1t Is
an issue between the state Of New
York and Harry Thaw-an issue to
uphold the safety and right Of the
state. The district attorney cited the
indictment Of the grand jury, which
is murder in the first degree, explain
ing what is meant by generalization.
Justified" declared the district at
torney. does not mean 'dementia
Americana but it means self-defence,
and no stretch of the imagination on
this side of the Mississippi river could
call it defence" Jerome enumerated
four logical verdicts in this case. omit
ting self-defence. Verdicts being for
first degree, second degree, manslaugh-
ter or acquittal for insanity.
Jerome declared the jurors must not
allow sympathy to affect their verdict.
He declared that "dementia Ameri-
cana" never puts a woman on the
stand to lay bare her shame, to pro-
tect it.
Jerome made much OF the details
attending the killing, while his effort
was to convince the jury that Thaw's
action was not that Of an insane man.
Every act of this man was an act Of
sanity. This act bristled with pre-
meditation" Jerome plunged into a
severe attack on Evelyn, sneering at
Evelyn's story, her ruin by White, and
sarcastically referred to Evelyn as an
"angel child" and tore to pieces Eve
lyn's whole story of her wrong at
Whites hands.
The judges charge, lasting about an
hour, was a concise outline of the law
and gave to the jury the alternative Of
rendering any one Of the following
four verdicts: Murder in the first de-
gree, murder in the second degree.
manslaughter in the first degree, or
not guilty on the ground Of insanity.
The statute governing the plea OF
insanity was defined clearly, much
stress being laid on the fact that an
irresistible impulse to, kill had no place
in the law.
The judge also informed the jury
that an illusion, unless the illusion
might have resulted in the injury Of the
man suffering it. could not be accept
ed as an excuse. Altogether the charge,
while consisting principally Of a COM
plete explanation of the law, was con-
sidered by those who have followed
the trial as adverse to the defendant.
The attorneys for the defendant took
exceptions because the judge had fail
ed to include any Of their prayers.
Thaw was much depressed by the
judges words and could not suppress
his feelings. He left the court room
detected.