New-York tribune., 1908-01-31
JUDGES CHARGE TO-DAY
THAN CASE TO JURY THEN
Hatred Ocer affections Of Hom0n
Caused Killing, 4rgues Jerome.

- -. av,.-a.x was far from the scathing
,rraisrnent of EVELYN Thaw and al tnose con
,,.~-ed with the defence that he made al the MS
--,al but Thaw he condemned ptt'lessiF- IL "oS
.sss in the courtroom the night before that MI
I5itierou-s speech had left many less ioophoies TOT
The District Attorneys arrows or ridcuie ana s'i
tsSn than had that Of MI Deiinas me c'e 20
fha. he inr,ressed insistentv the jury was 'a'
Z, did moi matter whether Thaw was insane at
previous times the question 20 deterInlhe w.
whether he insane the night when ne sfioO anu
killed Stanford White
fse -idjculed the testimony adduced 70 show that
-hau was insane in childhood and early manhood
and elaborated on his insinuation made early IN
the trial that good spanking would nave supp"e"
7he needed medical treatment Mr. Jerome a"-
,aitted he believed the Hu;nmel affidavit 10 De
,-,,bl.ss The acts of Thaw when he grew older
1,o characterized as manifestations of depraVltS
rather than insanity. In reply 70 MI L't'ieto
question as TO the whereabouts Of the galaxy ol
experts for the prosecution. Mr.. Jerome answered
Ysnkeelfke by inquiring where were the Witnesses
lie declared were necessary to establish a sheie
insaEe act by the prisoner
N- Jerome traced movements OF ma"
through .he day Of the shooting and wher ne
reached the dinner at which the Thaw party sat
preceding the visit TO the roof garden he saio'
4 note was passed TO Ths saying. It The olack-
guard has been here ana gone away. Ia ae uronged
his wife And IL that wers true. whether White
effected his purpose with dTIss or n|f nIa T girl CIV
rions OF this TO a sixteen ear-OIa sLIL 4,
.7lIt 10 heaven for condemnation: But the man an rs y
1hsf this man had kept him ont Of club; he knew new
as Wits 6 had had he 10 d T not believe they
would he happy. and that he would get the oelenG
ro,e 1 VIZ 1"iiZ to hate with consuming hatred.
then ! don't understand human nature
Stress was laid on the testimony Of James Clinch
Smith Stanford Whites brotherin-law. with whom
Tf>sz talked for half hour or so at the Saroeh
before the shooting Mr. Jerome said;
lie is sensible man. is Smith man who would
rot here ard commit deliberate ana paIneq 1
Whites habits. revelations which. confess,
could not credit at first but which nave nov nov o s1
CONSIDERATION you going TO believe that James
III I'M zIfIIllv FOR brother like that: Ex
segeratons there may be. but w!lful perjury never
Nfr Jerome contended that Thsw's acts were all
rational under tho circumstances On inns l"p'c
Re said:
With every motive to hate this man and armed
mas and kills him. What other conclusion can you
aT srsrsTad ne he t6Ties about him and whose mis-
1ress his wife had been. according to common re-
,.oTs GOV when he first met her he was told that
the belonged 70 Stanford White What other
1ihaTsteiv though q man i would almost were
il for law and order and a sense OF my resloh-
=ihiliTy. who deserved to dlez
Telling the jury disregard the Smith testimony
- i, would but 10 consider the testimony Of the
.5her eyevitnesses. 1t would have a picture
of 2 man who deliberately and premeditatedE.
exalted by wine. driven by the passion OF hatred
shoots dead 2 sitting at table there There
Was calrane<s everywhere. the District Attorney
said. al through the scene.
F1xiAuinS the testimony Of the members OF the
~o-one-,s irrv and others who described Thaw'e
elaring 11rotrudinE eyes and nervous excitabity.
1jr Jerome said he could not draw anything of
value from that testimony He said that he never
I'D seen z,,, one kill a man in hatred. but should
man dominated by deadly hatred Kill his enemy,
NJ Jerome vas sure he would look and act Just
Tho 1sv Thaz did
The testimony concerning Thaw's childhood was
next attacked. Nj Jerome admitting the good faith
of the witnesses, and in speaking of the nurses
testimony said: She has said those spells cams
On when he was sighted. Fits of anger. tantrums
which We NAV have had he had. and for which
We had the hest medical attention. a good spank
.nE~ All the incidents cited by his teachers and
family Mr. Jerome declared we're not symptoms OF
,1anic-depressive insanity circular insanity.
or anything else but the acts of bad tempered
hoy.
lie rointed out that between tho Of fifteen
ami thirty-txo no had reported any incident
20 show irrational action by Thaw. and the Incl
dents after that-the upsetting of a tray Of food
kicking a luncheon into open fire, followed ny
his sIippers-vere proof of insanity The re-
nr,est for the steward the Whist Club 10 put
-bree cigarettes in the safe Mr. Jerome explained
as being perhaps a desire 30 save them as sampi'a
Sr,eaking Of Thaw-s playing at the Whist Club
Mr.. Jerome said:
Such men as schwae and Gates and and. Drake at,
fects Though he could hold his own with them
wouldn't be nervous playing car6s Win VIII .f9 snch
men would SIT down openly and play CARDS Ior
Dgake or captain Wharton? Do you think they
would sit and play with a crazy man and take MS
money?
Mr.. Jerome continued TO dwell the playing Of
whist as proof OF Thaw's sanity, and after asking
why his partners at the club had not been cane1
went on 70 disparage the value OF the testimony
of the witnesses from abroad That the nurse who
had attended Thaw at Monte Carlo was called
and not the physician Jerome described another
selection Of testimony and an example of ''dislr-
tenlJous1ess Of counsel"
After recess Mt. Jerome resumed his dissection
a the foreign testimony. citing each instance ad-
dtIced or cratic behavior and asking where was
the analogy between that particular act and The
shooting of Stanford White Speaking in the high
.sr 1e-71s Of tho elder Mrs. ThaU. the prosecutor
.7ecried the value Of her testimony the defence
hv pointing out that she had described not one
single period in her sons life when he was ira
tion=I. and the history of the family. he said.
showed only one case Of epilepsy and none Of in
sanity IN the family in direct line for four gen
erations.
little later MI Jerome fur1ously denounced
-rraw IS coward hiding behind his wife's skirts
1He said he doubted that Stanford White drugsod
J.velvn Thaw but he continued. Il do believe
that she. told the defendant So" He continued:
II he were insane would counsel be, here
trng HIM I'M %0bo vi S5 1s SosTa & S br be @ aes
fare-of he IS sane he sits there. using
his wife 10 save and shield his miserable body
Had he killed quickly and the heat of his anger
and hatred. he might have been forgiven, but as
is never have said Il once. and say II again.
they two cegenerates worrying over woman
Taking Up Abe" Hummel and his affidavit Mr..
Jerome said:
Mr.. Ldttleton has given much time % the Hum
rael affidavit, II ! were going TO lay any weight
-ba7s I had bee