Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-01-29
Devoted Efforts to Showing He
Was Insane When He Killed
Stanford White.
INSANITY WAS HEREDITARY.
Was for Prosecution To Prove Him
Sane--Asked Jury to Observe
Ordinary Rules.

jury which is to pass judgment ON his
client. Before crowded courtroom.
the attorney devoted himself TO dem
onsrating that Thaw was clearly IN
sane when he killed Stanford White
Mr.. Littleton declared that the serl-
Gus Efforts of the defense had been mot
only by sneers ana insinuations from
DIST, Atty Jerome. Thaws insanity,
ne SAID, was not thing born of an
eNigency, but was grown by heredity
INTO the very history of the man.
MIR. Littleton said he was convinced
the defense had produced facts TO the
end to show Thaw insane beyond all
doubt, though the law had not imposed
that duty upon ii. 1t was for the prose-
eution to prove Thaw sane and Mr..
Ltttletou asserted that he could not IN
derstand how Mr.. Jerome could come
before the jury and claim he had full
MED the burden placed upon him and
ask for Harry Thaws conviction of
murder.
The speech was listened to with close
attention by the Jurors.
SEATS IN DEMAND.
The demand for seats at the Thaw
trial today so far exceeded the CAM
city of the court chamber that the
police in charge had their hands fun
in handling the disappointed crowds
testimony was begun, Evelyn Nesblt
Thaw occupied a seat in the court
room. Mrs. William Thaw, the moth
err; Mrs. George l.. Carnegie, the sis
ter and Josiah Thaw, a brother, also
were in the family group The bar
against women spectators was sus-
pended and there were many of them
on hand when Justice Bowling took
his place on the bench. Attracted by
Mr.. Littleton's reputation as an ora
tor, prominent lawyers and men of
affairs from all parts of the country
We're included in the court room
throng.
LITTLEToN BEGINS.
1t was 1850 when Mr.. Litt!eton
arose and began his plea 10 the jury
in behalf of Harry Thaw. Dist. Atty.
jerome, who made a point of remain.
ing away from The court room
throughout the summing up OF Mr..
Delmas last year. was absent when
court convened today
Asst. Dist.-Atty. G1arvin took copi-
Gus notes of the address of the coun-
sci for the defense.
Mr.. Llttleton said he asked nothing
more than that the jury observe IN
reaching It's verdict the ordinary rules
of any ordinary trial in an ordinary
court Of an American community.
He cautioned the jurors TO keep
clearly before them the fact that the
presumption OF inn ocance is always
with the defendant until he is proved
guilty
At some length Mr.. Littleton ex-
planned the doctrine of reasonable
doubt.
in a case of this kind" he said,
where insanity is the plea, II is not
incumbent upon the counsel for the
defense 10 establish defendants in
sanity beyond a reasonable uOupt al
though / think | can point out to you
that we have done all of that. The
law places the burden upon the prose-
cutor to prove to you beyond all rea-
sonable doubt that the defendant was
sane"
THAW'S HISTORY REVIEWED.
Mr.. Littloton revived Harry Thaw's
history from the time Of the prenatal
incident when his mother in the middle
of the night put out her hand In bed
to feel the cold features of child
who had suddenly died, down to the
day Of the tragedy.
This boy" he said, took on the
the very melancholy, which
came to the mother that feratu night
may be blinded by partisanship, but,
gentlemen, can't you see with me that
this defense is not thing horn of
cxigency to see that injustice is done
born instead, OF the very history OF
this boy"
Reviewing the evidence IN detan and |
picturing the devotion of the old nurs-
es and school teachers who had co-le |
from afar to give their testimony, Mr. !
said:
Gentlemen, you who look and listen
n sincerity may read In the footprints |
II the boy the course which led him
through London, Rome, Monte Carlo |
md New York In after life
Mr.. Littleton dwelt at length upon |
he testimony Of Abraham Beck, the |
Did school teacher from Pennsylvania. |
THAT testimony would mean some,
hing TO me II / wore sitting on D. |
Jury" declared the attorney,
There II no more honorable man in |
Ill Pennsylvania than old man Beck. |
His testimony was all his own--gtven |
IN his own lanEuage-lt was no re- |
,earsal when he told you what he did |
No power on earth could have induced |
hat honorable old gentleman, now tot
ering near the other side. to aid In |
TO have n hand IN a murder. |
PROSECUTIONS EVIDENCE.
Can such evidence as this be am
iwered to the satisfaction OF you gen. !
lemen, by the sneers OF the district |
attorney? Let the prosecution II they |
nave no testimony say 80. and forever |
silence their sueers and inslnuatiuns." |
MIR, Lttleton also laid great stress |
lpOn the letter Mr. Beck received from |
Mrs. William 1huw in 1881 when she |
said she feared The boys mind was |
affected and begged the old teacher |
o boar with him a little longer for |
ihe did not know what 10 Suggest.
when the mother had appeared here |
before you and had lett the witncss |
stand" Mr. Littleton proceeded the |
district attorney read TO YOU the am |
jayit she made In a certain procedure |
nj tho last trial Mr.. Jerome sought. |
] take ~. TO have you infer that she |
had In some way c0ntradicted hersel. |
or that her testimony was not candid.
Hut gentlemen ! appeal from that |
lltiduvit made I'm The pardonahle pride |
" the mother, made In a stress If cir |
couChod I'm the plothorlc |
ocabulary Of the conventional lawyer |
written In the tumult of a trial.
II appeal from mat affidavit aud lts |
peculiar construction a This letter NJ /
more than 2b years ago, written In the |
mothers own hand, written In no cone
founding phrases nf "a lawyer, written |
az a time when thCrf Was ma pell |
~ heredlty ! appeal from that afida
w 20 this testimony which comes nut
tering across a span of 20 years lrOW
the hands of tottermg old man OF 20
like a benediction nut nf tie past ~
lnterpose itself b. save this boy