The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-04-10

fit of every reasonable doubt and on
your oaths that you were You were
admitted to the jury box.
A Reasonable 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 is d reasonN
able doubt. the benefit of which the law
says YOU must give TO the defendant.
A great English judge once said that
it is better than ninety-nine gull y ones
! shall escape rather than one Inocent
man should be punished. lfVthere is
one chance in a hundred that this de-
! PENDANT was of such unsound mind as
not to know the nature of this act then
4 You must give him the benefit OF that
doubt.
I'VE win suppose that the dearest be-
/ ing on earth TO you-maybe the beauti-
full daughter who graces your home
/ like a sunbeam. the lovely wife
walking down the valley of life ar
| your side-is in imminent danger of
death. The physician tells you there is
an equal chance as between life and
death.
In Favor of Defendant.
Then We will suppose that an urn
is set down before you containing
ninety-nine white balls and one black
bail. 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. gentlemen YOU would say the
I chances as nature has them are equal;
/ it is not for me to interfere or take
such a perilous chance. Do not take the
| chance of doing wrong in this instance.
/ ask you in the name of the law which
l invoke: ] ask you in the name of
| humanity, 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 Thaw is suffering.
| 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
"Dementia Americana"
"Ah. gentlemen said Mr.. Delmas
dramatically. turning to the alienists
who testified for the prosecution, IF
you desire a name for this species of in
sanity, let me suggest teal it demen-
tia Americana.
That is the species of insanity
which makes every American man be
| lieve his home to be sacred; that is the
species of insanity which makes him
believe 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 species
which makes him believe that whose
ever invades MS home, that whosoeVer
-i,.tr1 Of ,r,Id
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 a range.
You understand" said Justice F'itz-
gerald to Mr.. Delmas. The latter
waved his hand and turned again to
the jury.
Leaves 1t to the Jury.
Remember. gentlemen. the law is
human law. I violate no law when
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
you
do not send this young man to
death for what he did.
81 now, with all solemhity. leave in
your hands the fate of Harry K.
Thaw."
Thaw Believes Battle Won.
Thaw arose from his chair. went to
where his mother and wife were sitting,
grasped 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 firmly expressed himself so to his |
counsel.
Adjournment was ordered until 80 |
tomorrow morning, when District At |
torney Jerome will begin his speech. |
The case should be in the jury's hands 4