Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1908-02-01

the Thaw trial. His address was in
tenseiy bitter against Thaw, and his
arraignment strong and most severe,
Nev York, Jan sOThe demand
for seats at The Thaw trial Yesterday
SO far exceeded the capacity Of the
court chamber that the police in
charge had their hands full in han
ding the disappointed crowds For
the first time since the taking OF the
testinony was begun Evelyn Nesbit
Thaw had d seat in the court room.
Mrs. William Thaw the mother; Mrs.
George T.. Carnegie the sister, and
Josiah Thaw. a brother also were in
the family group.
The bar against women spectators
was suspended and there we're many
of them on hand when Justice Dow
ling took his place on the bench, At
tracfed by Mr.. Littleton's reputation
as an orator. prominent lawyers and
men Of affairs from al parts Of the
country we're included in the court
room throng
Jerome Remains Away
1t was 1850 O'Clock when Mr.. Little
ton arose and began his plea to the
jury on behalf Of Harry Thaw. Dis
trict Attorney Jerome, who made a
point Of remaining away from the
court rbom throughout the summing
up Of Mr.. Delsnas last year, was an
sent when court convened. Assis-
tant District ATTORNEY Garvan was
present and took copious notes Of the
address Of the chief counsel for the
defense.
Mr. Littleton said he asked nothing
more than that the jury should OBJ
serve in reaching its verdict the or
binary 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 IL e presumption of innocence is
always with the defendant until he
is proved guilty
Explains Doctrine of Reasonable
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, it is not
incumbent upon counsel for the de
Tense to establish the defendants in
sanity beyond a reasonable doubt, al
though ! think I can point out to>yon
that We have done al 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"
With Impressive strength of pre-
sentation Mr.. Littleton reviewed Har-
ry Thaw's history from the time of
the prenatal incident when his moth
err in the middle of che night put out
her hand N bed to feel the cold fea-
lures of child who had suddenly
died, down to the dav of the tragedy.
The 5oyhood of Thaw.
"This boy he said, took on the
brooding. the very melancholy which
came TO the mother that fearful night
I may be blinded BIZ partisanship, but
gentlemen, can't Soa see with me
that this defense is no thing BON of
an exigency, to see that injustice is
done or that murder may be cover
ed; but born instead of the very his
tory of this boy
Reviewing the evidence in detail
and picturing the devotion of the old
nurses and school teachers who had
come from afar to giye their testi-
mony. Mr. Littleton said;
Gentlemen. you who look and lis
ten in sincerity may read in the foot
prints of the boy the course which
led him through~fondon. Rome. Monte
Carlo and New York in after life
MT Littleton dwelt at length upon
the testimony >of Abraham Beck. the
old school teacher from Pennsyl-
vania
THAT testimony would mean some
thing to me il were sitting on a
jury declared the attorney There
is no more honorable man in all