The Birmingham age-herald., 1908-01-31
WILL BE SATISFIED WITH
 LESS THAN FIRST DEGREE
Jerome Admits Many Things Before Jury That He Fought Against In the First Trial and Makes
 a Strong Address.

New York, January S0-William Trav- CTS Jerome, representative of the peo- pie, made a masterly plea today that justice be done in the case of Harry K. Thaw Vindictiveness, sneers, insin- uations all were lacking; logic, analysis and a calm consideration of the facts were their substitute. It was no blind appeal for the vengeance of the law that MT. Jerome addressed to the jury, but ever and always there was the note of fairness, even at times of mercy
 The year that has elapsed since the first trial had wrought a wonderful and startling change in the prosecutor. No longer attempting to shield the name of Stanford White, he accepted the story told by Evelyn Nesbit Thaw as true all but the drugging-and he made frank confession to the jury that the velvet swings and mirrored rooms of the studio houses described by the girl were in deed a miserable reality. No longer att tacking Evelyn Thaw as skilled ad- ventupess, Mr. Jerome pleaded for the girl. because she never had had chance for any of the higher, cleaner, sweeter things of life. The climax came, how ever, when MT. Jerome denounced both Thaw and White in one breath, and classed them as two degenerates, quar- reling over a woman" And the woman, the prosecutor declared, knew no more had been taught no more by the world than to play one against the other, until in a jealous rage, in blindest hatred, in vengeance of ian undeniably gross wrong done to his wife, Harry Thaw shot and killed the architect.
 The case goes to the jury tomorrow morning and Thaw may know his fate before the setting of another sun. Justice Bowling will begin his charge when court convenes at 1o:SO o'clock. He postponed the reading of his instructions until to- morrow in order that the jury might have all day for a consideration of the evidence before being locked up in the stuffy little Jury room at the court house for the night.
 Jerome's Admissions.
 District Attorney Jerome turned willing ear to the testimony of insanity placed before the jury, and emphasized 1t In Q number of instances. He admitted that . Thaw had always been physically weak and at times his mind had been un, strung While at no point was there the direct offer of compromise in the prosecu- tors speech, there was notably an indi- cation that he would not feel that justice had been misdrected if a verdict or some lesser guilt than murder in the highest degree should be the culmination of the ilry's deliberations. MT. Jerome carefully explained the clements that enter Ver- dict of primary murder the penalty or which is death, and then he pointed the way to two other findings, which he de- clared were possible under the circum- stances In first degree murder the dis trict attorney stated the killing must have been the result of both intent and deliberation In second degree murder, he said the intent to effect death re- mained, but reconciliation must have had no part: in manslaughter in the first de- gree, MT. Jerome declared, the elements were an overwhelming rage and fury which compelled the assailant to shoot with out. however, the intent to inf1ict death. MT. Jerome said he could not see how under their oaths as jurors the l2 men in the jury box could go outside of these three verdicts.
 Grounds For Verdict.
 TO render a verdict of not guilty on the ground of insanity. the prosecutor declared, it would be necessary, under the statutes and the decisions of the court of appeals. for the jurors to believe Harry ,rhaw was so insane that he did not know 1t was pistol he had in his hand when he fired with perfect and dead aim three bullets into the body of his victim; that he must have been so insane as not to know that the man he killed was Stanford White, the one man in the world whom he hated and had motive for vengeance against; that he must have been so insane as not to know that it was against the law to take fellow beings life that he must have been so insane as not to know what the police officers wanted with him when he volun- tarily surrendered himself into the cus- tody and asked to be taken quickly to the station house, with the request that his brother-in-law and an attorney be sent for; and lastly, that he must have been so insane as not to know the nature or quality of hls act or that the act was wrong.
 Quality of Insanity.
 Lacking in these essentials, the insanity of the defendant conceded to have mani Tested itself at certain times had no stand ing under the law. Partial or incipient insanity, which does not rob the sufferer of a perception of the acts he commits, has no recognition of the law.
 Coming to the conclusion of his long address, which lasted throughout the morning and afternoon session of court,
 
 bitterest terms as "a coward, skulking be- hind the petticoats of his wife, attempt ing to shield and save his worthless life behind her shame"
 Twice in his sanity" declared the prosecutor. The has sat in this court room and had her bare her shame in all its pitiful nakedness to all the world. Is such man worthy of even the slightest consideration at your hands?'
 Crowd at Court Room.
 There was another crush at the crim- inal courts building today to hear Dis- trict Attorney Jerome make the closing address for the people. When the doors were opened the court chamber was found to be already filled with specially privi- legged spectators Justice Bowling was late in getting down town. and it was some time after the hour set for con
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