The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-01-30
FINAL WORDS
IN BEHALF OF
HARRY THAW
Mastery Argument of Martin
w. LittIetOn, Chief Counsel
for the Slayer of White.
INTENSE INTEREST OF
THE JURY Is APPARENT
JEROME WILL CLOSE FOR STATE
AND JUDGE MAY DELIVER
CHARGE THIS AFTERNOON.

New York. Jan. 29.-Martin W. Lit
Teton, chief counsel in the defense of
Harry X Thaw, today asked for the
acquittal of his client upon the ground
of insanity. declaring he could not see
how, in the face of the evidence, the
jury could render any other verdict.
The serious and sincere evidence of the
defense tending to establish the in
sanity of the defendant. Mr.. Littleton
declared, has been answered only by
the sneers and the insinuatiOns of Dis
trict Attorney Jerome. These sneers
and insinuatiOns, the young Pittsburg-
er's advocate asserted, were not the
competent proof that the law required
the prosecuting authorities to produce,
once the insanity of the accused person
was made the issue. He repeatedly
VI ged upon the jury to remember that
in a case of this kind the burden Of
proof rests wholly upon the state to
prove the sanity Of the defendant be
yond all reasonable doubt.
Warm Defense of Young Wife.
Mr. Littleton warmly defended Eve
lyn Nesbit Thaw against the attacks
of District Attorney Jerome. He said
he could not understand what she had
done, what great crime she had COM
mitted, considered in the light of all
she had confessed herself to be, that
the prosecutor should transcend all the
rules of propriety and decency and at
tempt to destroy her when, in the next
breath, he was ready TO ''COddle and
hug and vouch for the testimony of
such a scoundTel as Abraham Hammei
the very vermin OF the New York
bar"
The address of the defending attor-
ney took up all of the session. and
District Attorney Jerome is expected
to reply tomorrow. If he should finish
al the morning session, Justice Dow
ling viii charge the jury during the
afternoon. If Mr.. Jerome's address
should extend well into the afternoon.
however. the case will not go to the
jury until Friday.
Argued Against Compromise.
Mr. Littleton urged today that there
should be no compromise. He assert
ed that if any doubt exists in the
minds of the jurors they should dis
solve it in favor of the defendant and
aequit him. He begged them not to be
misled by the district attorney into
voting for a verdict of conviction IN
some lesser degree than that Of
primary murder.
Any verdict OF not guilty in the case,
it is said, will carry with it the as
sumption that it was rendered on the
ground of insanity of the defendant,
whether or not the insanity clause is
added The plea of not guilty entered
in the case carried with it the specifi-
cation that the defendant was insane
at the time the crime was committed.
Impressive Plea.
Mr. Littletons argument was force
ful and impressive. He Tefrained from
Z
men, and devoted himself 10 a logical
consideration of the facts as adduced
in evidence. He made no attempt 10
eulogize Harry Thaw, and he said that
he asked for him no more cOnsidera-
ton than the average American boy
had right to demand of an American
jury The speech was crisp with cpl
grams, and the short sentences were
filled with the pith of logic and the
quality of appeal The jurymen fol-
lowed il with intense interest. and it
was generally conceded that Mr.. lit
Teton had left Mr.. Jerome a difficult
task
Il confess to you, gentlemen" he
said, that I do not know what the
district attorney has meant in this
case. I canpOt fathom how he feels
he has discharged his burden under
the law, and I am waiting with much
Impotence to hear what facts. what
evidence, what circumstances he will
suggest to you as having been pre-
scented by him to show you that this
defendant is sane beyond all reason
able doubt.
Jerome's Insinuations.
destinations are all I have heard.
He tried TO confuse some witnesses
who said ThaW could remember some
Of the things that had happened dur
ing his periods Of mania. Can you.
gentlemen, not clearly remember the
details of your dreams at night when
you wake up in the morning? But caH
you say when you dreamed them?
Continued on Page 2.