The Detroit times., 1908-01-30

character not demanding respect.
Neither she nor Is being tried here.
Harry Thaw is the defendant. His
defense is that he was insane-not
that he was insane at all times, but
only at one time-the night of the
shooting.
1.-The question therefore is--was he
insane on the roof garden on the night
OF June 20, 1867"
I'VE cannot Judge by cold state
ments. We have to determine wheth-
err witnesses are veracious or unvera-
cious Of what we know OF human
nature.
siaps at Littleton.
IL shall not dwell much upon the
law. Ishall try not to appeal TO your
passions. will not attack counsel
for the defendant, for have SO often
been put on trial myself by counsel
for the other side.
''It Ia the old story--a challenge 10
the district attorney, whether 1t came
from Tennessee, the Pan Handle of
Texas or the semi-slopes OF the Pa
cific"
AS Mr.. Jerome paid his respects 10
Mr.. Littleton and Mr.. Delmas, Evelyn
Thaw looked toward the defendant.
Harry Thaw was looking squarely at
herewith IA bread smile Oh his face
His wife caught his eye and greeted
his smile with a pretty wink and an
answering happy smile. Jerome con-
tinued:
"It Ia the law OF the land that the
burden Of proving insanity rests on
the defense and that burden has not
been sustained. The killing OF hui
man being Is under the first degree
except when excusable, when there IL
not a design OF generalization on the
part OF the murderer TO effect the
death of the person killed"
Jerome reread this section from the
code. Then he defined the different
degrees OF murder, showing that for
murder In the first degree. premedita
ton did not necessarily mean more
than few brief moments forethought.
white" continued Jerome. was q
man who had wronged this defend
ants wife, according to the story OF
this woman. II her story is true II be-
comes no one to defend White. Her
story cries out TO heaven and no con-
domination Is too severe Tor White, II
she has told the truth. No decent man
would raise his voice TO defend White
II her story is one OF facts.
Alleges a Motive.
white had threatened 10 kill the
defendant: II we believe Bowman.
White had told Mae Mckenzie only a
month before that he did not believe
the defendant and this young woman
were happy together and that he
4 he hanE THE
defendant believed that White was cir
culating stories about him: charging
him with the basest OF practices. III
all this does not constitute motive.
then don't know what men are made
OF.
with all this Jealousy in his mind
this motive for deadly hate and with
the revolver In his pocket, the note
seemed unnecessary information 10
convey to the defendant after the
"blackguard had gone out"
Jerome asked the Jury to weigh the
testimony OF James Clinch Smith
carefully and added
Are we to assume that Smith, who
appears to be a gentleman, would come
here and commit wilful cold-blooded
perjury to send this man TO the eiec-
trio chair?"
Jerome then traced the movements
OF the Thaw party from Martins 10
the roof garden, Thaw's conversation
with James Clinch Smith, the killing
OF White and Thaw's exclamation to
hfs-~sife after the shooting. TITS all
right, dearie: have probably saved
your life,"
When Jerome described the shoot
Ing OF Stanford White he did so with
the revolver itself. In a dramatic
manner ne pointed the gun downward
pulled the trigger three times and
turned and raised the broken" gun
above his head. reacting the scene OF
the tragedy. The clicks OF the trigger
and the striking OF the hammer were
heard above the voice OF the district
attorney
Mr.. Jerome then set out 20 prove
discrepancies In the testimony OF last
years and this trial
Where to Capt. Wharton. where Is
Thomas McCalah, where IL Truxtor
Beaie? why didn't they cati Drake
Schwab and Wharton TO prove .thell
contention OF insanity They put the
responsibility OF proving him sane on
my sheHiders, whereas the penal code