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

New York, April S.-In an eloquent
peroration, both TO the written and un-
written law. Dolphin NJ. Delmas this
afternoon committed Harry X. Thaw's
fate 10 the Jury. The California attOr-
ney concluded his five hours summing
up speech, declaring his client was JUS
iified i'm killing Stanford White.
Tomorrow morning at 1880 District
Attorney Jerome will make his appeal
in behalf Of the prosecution. Justice
Fitzgerald probably will charge the
fury, and by tomorrow evening at the
latest the famous case viii pass to the
elaboration of the twelve men who
have so carefully attended its uncertain
course for weeks past.
Mr.. Jerome expects to speak for
three or four hours.
Justice Fitzgerald would not say to-
day whether he will or not charge the
jury directly after the district attor-
ney's remarks. but the general impress
sion is that he will do so.
Great Oratoricai Effort.
With the exception of the moments
when he was reading from testimony,
I. ~
sustained oratorical effort. He threw
about the form of Harry Thaw the
cloak of chivalrous knighthOod why,
lie shouted. should we who admire
chivalry of the knights of the Middle
Ages who went about redresSlng
wrongs and rescuing maidens in dis
tress, withhold ouf sympathy from TINS
brave man.:
Bitterly the attorney assailed Stan
TO play with Evelyn Nesbit so long as
her beauty remained, and then would
have thrown her away like dirty rag
10 float down life's sewers to grave
I'm the potters' field
= Again he said: Harry Thaw had
AEnatched the girl from the old lecher
zSsho saw In her but a toy TO crafty
moments Jus and then be cast aside
10 go her Wey down the path OF fallen
women"
Killing of White Justified.
With dramatic emphasis Mr.. Delmas
cried out that when Harry Thaw be
held Stanford White on the Madison
Square roof garden the story or MS
vife's wrongs overcame him. He pie
tured in an instant, as a dying man
may picture his past life-all that
stanford White had dOne-the ruin he
had wrought and he struck; struck as
the tigress strikes in defense of her
Young: struck for the home: struck for
american women: struck for humanity
and Stanford White fell
gentlemen" the advocate went on
vi Harry Thaw believed ne was the
Instrument of providence, VINO VIII say
lie was mistaken?
Mr.. DelmRs discussed but briefly the
testimony of the expert witnesses. de-
claring that whatever weight might at
tach TO their utteranCes, was on the
side of the defendant. He declared the
burden of proof as to Thaw's sanity at
the time of the homicide rested with
the prosecution, which had failed to
make out its case.
The Unwrittcn Law.
In discussing Thaw's mental state,
Mr.. DeImas came at last to the "un-
written law" He declared the experts
had been at a loss to classify the form
of insanity from which Thaw suffered.
Il will suggest its name" he de-
cIared. II will call il 'dementia Amerl-
Hama II is a species of insanity which
las been recognized i'm every state OF
this Union. 1t is that species of lnsan-
ity which makes the American man be-
lieve his home, his wife, his daughters,
are sacred. and that whosoeVer stains
the virtue of his threshold violates the
highest of human laws.
Twice during his closing periods Mr..
Delmas was interrupted by Assistant
District Attorney Garvan. who suggest
ed the argument was taking too wide a
scope and Justice Fitzgerald called
NJ. Delmas attention to the fact.
Thaw Highly Elated.
Thaw seemed to be in the best of
spirits and declared to his lawyers i'll
The Tombs that he felt his case was
won. He seemed to have no dread of
the assault of the district attorney to-
morrow. There was n report today that
Mr.. Jerome was ill., but he appeared at
lis Office during the afternoon and said
@6e had been busy for two days prepar-
ing his argument.
In view of the district attorneys re-
marks before the lunacy commission
that Thaw is today hOpelessly insane,
most interest attaches TO the line of ar
stst.l ErTEkSnT tn nr6ntfI