The free lance. (Fredericksburg, Va.) 1885-1926, 1908-02-01
FINAL PLEA FOR THAW
littleton Asks For Acquittal on
Grounds of Insanity.
WARMLY DEFENDED EVELYN

Declares Jerome's Attack On Her
Would Lead Jury TO Believe She
Was On Trisl-A Convincing Arav-
ment.
New York. Jan 30.-Martin w. Lit
Teton. chief counsel in the defense of
Harry X. Thaw. asked for the acquittal
OF his client upon the ground of in
sanity. declaring he could not conceive
how. In the face OF the evidence. tho
Jury could render any other verdict.
The serious and sincere evidence OF the
defense. tending to establish the lnsan-
ity OF the defendant, Mr.. Littleton de-
clared. has been answered only by the
sneers and insinuations OF District At
torney Jerome. These sneers. and in
situations. the young Pittsburger's ad-
vocate asserted. were not the compe-
tent proof that the law required the
prosecuting authorities TO produce
once the insanity Of the accused person
was made the issue. 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 be-
yond all reasonable doubt.
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 nll
the rules OF propriety and decency and
attempt to destroy her when in the
next breath he was ready to "coddle
and hug and vouch for the testimony Of
such scoundrel as Abraham H. Hum
mel-the very vsrmin Of the New York
bar"
Mr.. Llttleton said that II any doubt
exists In the minds OF the Jurors they
should dissolve IL In favor OF the de-
fendant and aequit him. He begged
them not TO be misled by the district
attorney !nto 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 II was rendered on tho
ground of the insanity of the defend
ant whether or not the insanity clause
is added. The plea of not guilty en-
tered In the case carried with II the
specification that the defendant was in
sane at the time the crime was COM
mitted
Mr. Littleton's argument was force
FOL and impressive. He refrained from
appealing TO the passions OF the Jury
men and devoted himself to a logical
consideration OF the facts as adduced
In evidence. He made no attempt to
eulogize Harry Thaw and be said that
he asked for him no more consideration
than the average American boy had
right to demand OF the average Amer
ican Jury.
Mr.. Littleton, in speaking OF Evelyn
Nesbit Thaw. said: II do not know
what the Judgment of you gentlemen
may be as to her morals OF as to any
reprehensibility of conduct either with
Stanford White or Mr.. Thaw, but the
district attorneys manner toward her
IN my judgment exceeded anything she
antipathy--an antipathy which l be-
heve exceeded by far the necessities or
duties OF his Office. There always were
the notes OF savagery and bitterness in
his 81 nation OF her and In HIS com
mer upon her before the Jury which
were not justified by the facts OF this
case. don't know how you gentlemen
feel about II, but It generally has been
understood that a woman when she
takes the witness stand in this country
is at least entitled to have her testi-
mony elected with as much gentility.
care. tenderness and regard of the Or
dinary proprieties as ordinarily gov
erns the intercourse of men and
women.
THE trend OF his attack would lead
you to believe that Mrs. Thaw and
not her husband was on trial before
you.
What was there about this young
woman or against her that Mr.. Jerome
should pace up and down before you
like Gagged lion when he was question
ing her and glare and glare at her and
clench his teeth at her-not even sit
ting down when I was conducting the
examination-what was there about her
that called for such treatment from a
man who could coddle and hug and
vouch for this loathsome little Hum
mel7 / do not want to be unfair to
Mr.. Jerome-we are very good friends.
1 do not, repeat. ask you to take my
view of him. Judge for yourselves"