The Birmingham age-herald., 1908-01-30
JEROME HAS 4 DIFFICULT
 TASK NOW BEFORE HIM
Thaw's Counsel Reviews History of the Case In Brilliant Style and Makes Splendid Impression By
 His Address.

Harry K. Thaw, today asked for the ac- qulttal 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 insanity of defendant, Mr. Littleton declared, has been answered only by the sneers and in- situations of the district attorney, which were not the competent proof that the law required the prosecuting authorities to produce. He repeatedly urged upon the jury to remember that in case of this kind the burden of proof rests wholly upon the state to prove the sanity of the defendant beyond all reasonable doubt.
 Mr. Littleton warmly defended Evelyn Nesbit Thaw against the attacks of Dis trict Attorney Jerome. He said he could not understand what she had done, what great crime she had committed, considered in the light ol all she had confessed, he said, that the prosecutor should tram scend all the rules of propriety and de- oency and attempt to destroy her. In the next breath he was ready to "coddIe and hug and vouch for the testimony of such d ScOuluTel as ADIduditi I1uIlliHcip tio very vermin of the New York bar"
 Only One More Day.
 The address of the defending attorney took up all of the days session, and Dis trict Attorney Jerome is expected to re- ply tomorrow. If he should finish at the morning session, Justice Bowling will 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 morning. MT Lttleton urged today that there should be no compromise. He asserted that if any doubt exists in the mind of the jurors they should dissolve it in favor of the defendant and acquit him. He begged them not to be misled by the dis trict attorney into voting for verdict of conviction in some lesser degree than that of primary murder.
 Any verdict of not guilty in the case, 1t is said, wii, carry with It the assumption that it was rendered on the ground of the insanity of the defendant, whether or not the insanity clause is added. The plea of not guilty entered in the case car ried with it the specification that the de-
 
 was committed.
 MT. Littleton's argument was forceful and impressive. He refrained from ap- pealing to the passions of the jurymen and devoted himself to a logical consider ation of the facts as adduced in evidence. He made no attempt to eulogize Harry Thaw, and he said he asked for him no more consideration than the average American boy had right to demand Of nnrfo it1ru IT was crisp with epigrams and short sen- tences were filled with pith of logic and the quality of appeal
 The jurymens followed it with intense in- terest. and it was generally conceded that MT. Littleton had left District Attorney Jerome difficult task.
 Littleton's Address.
 The demand for seats at the Thaw trial today so far exceeded the capacity of the court chamber that the police had their hands full in handling the disap- pointed crowds. For the first time since the taking of testimony was begun Evelyn Nesbit Thaw had seat in the court room. Mrs. William Thaw, the mother; Mrs. George l.. Carnegie, the sister, and Josiah Thaw, a brother, also were in the family group. The bar against spectators was suspended and there were many of them on hand when Justice Bowling took his place on the bench. Attracted by MT. Littleton's reputation as an orator, prom iLent lawyers and men of affairs from all parts of the country were included in the court room throng.
 It was 10:5o O clock when MT. Littleton arose and began his plea to the jury in behalf of Harry Thaw.. District Att torney Jerome, who made a point of re- inaining away from the court room throughout the summing up of MT. Del mas last year, was absent when court convened today. Assistant District Att torney Garvan was present and took cop aous notes of the address of the chief counsel for the defense.
 MT Littleton said he asked nothing more than the jury should observe in reaching it's verdict, the ordinary rules of an ordinary trial in an ordinary court of an American community. He eau tioned the jury to keep clearly before them the fact that the presumption of innocence is always with the defendant until he is proved guilty.
 At some length MT. Littleton explained the doctrine of reasonable doubt.
 Reasonable Doubt.
 Tn case of this kind" he said. ."where insanity is the plea 1t is not incumbent upon counsel for the defense to establish the defendants insanity beyond reason able doubt, although I think can point out to you that we have done all of that. Il He idW pldceS tne purueii upoin the prosS- cutor to prove to you beyond all reason able doubt that the defendant was sane." With impressive strength of presenta- tion MT. Littleton reviewed Harry Thaw's history from the time of the prenatal in- c;dent when his mother in the middle of the night put out her hand in bed to feel the cold features of a child who had sud- denly died down to the day of the tragedy.
 This boy" he said. took on the brood ing, the very melancholy which came to the mother that fearful night I may bs blinded by partsanship. but. gentleman can't you see with me that this defense is nothing born of an exigency; to see