The Montgomery advertiser., 1908-01-29
TESTIMONY
CONCLUDED
Arguments to Begin IN
Thaw Trial,
JURY TO HAVE CASE FRIDAY
--e----
Jerome Utterly Ignored Scientific
Phase Of Rebuttal.
rae rhsw WIN Ana HummeI Anidavit
Were Adn,itted BY Justice Dow
iins--Littieten win Ask
Fer Aequittai.
JURY TO HAVE CASE FRIDAY

New York, Jan. ss,-with no at
tempt on the part of the State to
combat with scientific testimony, the
claim OF insanity urged In behalf OF
Harry X. Thaw. the taking Of evil
dence in the second hearing of the
day.
Tomorrow Martin w. Littleton will
begin his plea for the defendant and
ID expected to occupy both morning
and afternoon sessions with his sum
mining up argument. District Attor-
He has promised to pc prief and II
his address should not extend beyond
the morning session, Jueaice Bowling
win hand the case over to the jury
ON Thursday afternoon. The court an
nounced. however. that he probably
wonid.not deliver his charge until FRI
day morning.
Contrary to his policy of last year,
when he called nine experts In In
sanity to the witness chair, this year
Mr.: Jerome utterly ignored the scien-
tific phase Of the rebuttal case. He
produced several eye witnesses to the
tragedy and several police officers who
handled Thaw the night OF the horni-
eide and placed on record their opin-
ion that the defendants acs and man
ner were rational. Under agreement
OF counsel. the testimony given by
q
read to the jury. The Thaw will was
admitted in evidence without further
proof az to It's custody during the
six months following the shooting OF
Stanford White. The afndavit alleged
TO have been made by Evelyn Nesbit
in Hummeis office, charging Thaw
with cruelty and attempting 70 place
the blame for the Nesbit girls down
fall upon stanford White. also was
admitted by Justics Downing and then
tho case SO far as testimony was con-
cerned, was at an end.
Mr.. Jerome's elimination OF expert
testimony from the rebuttal case CO.
casioned much talk. Based upon his
assertions OF last year that Thaw was
an tncurables paranoiRp, runor had it
that the pxoaecukor might not be dis
pleased with o verdict OF not guilty
on the ground OF insanity with an en-
suing committal Of Harry Thaw TO the
asylum for the criminal insane at.
Mattewan. Throughout the trial. how
ever. Mr.. Jerome has attempted to be-
little and discredtt all testimony hav-
ing to DO with Thaw'st litys
He has attempted to show that the
youthful outbursts Of the defendant
were fits of temper which deserved q
Spanking" as he expressed 1t, rather
than scientific discussion. He has at
tempted, to discredit the outbreaks in
later life with the suggestion that
they were the result Of too much drink
and nothing more.
To RIdicuIe Experts.
That the prosecutor will ridicule the
expert Testimony Is generally agreed.
Having no experts Of his own, he has
a free hand In that direction this year.
Mr. Jerome's move today also fruE-
trated a plan of the defense to call in
sur.rebuttai several Of the experts who
testified against Thaw at his last trial.
but Mr.. Jerome switched to the APP
pointment of q lunaey commission,
made affidavits setting forth the
opinion that Thaw was so insane as
to be incapable OF understanding the
nature of the proceedings against him,
or intelligently advising with coun
sell
DIR. LittIeton In his argument, which
Is expected to be an eloquent but
straightforward presentation Of the
facts. will contend that the prosecution
has failed to shake the case OF IhsanI-
~ built up by the defense. He will
again call attention TO the law and
the burden OF proof II places upon the
state in q case where Insanity Is plead
ed az bar to responsibility for q crimi-
nal act. He will contend and will ask
Justice Bowling to carefully instruct
the jury on the point that once the de-
Tense has produced evidence of insani-
ty, it becomes the duty OF the prosecu-
tion to remove every reasonable doubt
Of sanity. In other words. Mr.. LittIa-
ton will ask for an acquittal unless
the Jurors are convinced that every
reasonable doubt as to Thaw being in
sane at the time of committing the
homicide, has been removed by the
states case. Mr.. Littleton has made
no claim of present sanity for Thaw.
In fact the experts for the defense
have testified that in Manic depres-
sive" insanity. the diagnosis now APP
piled to Thaw's condition OF mind. the
patient is very apt to have attacks OF
increasing frequency and violence.