The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-29
In the Trial of ThaW for the
Murder of White.
JEROME STAYS AWAY.
Acquittal Is Asked on the
Ground of Insanity.
Many Promint 1t Lawyers and
Men of Affairs Present.

tleton, chief counsel for harry ~
Thaw today made his appeal to the
jury which is to pass judgment on MS
client. Before a crowded court ROOM
the attorney devoted himself to dem
onstrating that Thaw was clearly IN
sane when he killed Stanford White
Mr. Littleton declared that the serious
evidence Of the defense had been met
only by sneers and insinuations from
District Attorney jerome. ~Thaw's IN
sanity, he said, was not a thing born
of an exigency but was ground by
heredity into the very history OF the
man.
Mr.. Littleton said he was convinced
the defense had produced facts to tend
to show Thaw insane, beyond all DOUBT,
though the law had not imposed thdt
duty upon it. 1t was for the prosecu-
ton to prove Thaw. sane, and Mr.. Lit
Teton asserted that he could not un-
derstand how Mr.. jerome could come
before the jury and claim he had fuI-
filled the burden placed upon MN ana
ask for Harry Thaws conviction OF
murder.
The speech was listened to with close
attention by the jurors.
The demand for seats so far exceed
ed the capacity of the court chamber
that the police in charge had their
hands full in handling the dlsappolnt-
ed crowds. For the first time since the
taking of testimony was begun EVeiyh
Nesbit Thaw occupied sea- IN ts me
mother, Mrs. George L. Carnegie, inc
sister. and Josiah Thaw, a brother, also
were in the family group. Ihe par
against women spectators was sus-
on hand when Justice Dowling took
his place on the bench. Attracted py
Mr.. Littleton's reputation as an orator.
prominent lawyers and men OF a1alrs
from all parts of the country were IN
cluded in the court room throng.
1t was 1880 when Mr. Littleton
arose and began his plea to the jury
in behalf of Harry Thaw Dlstrict
Attorney Jerome, who made a point
of remaining away from the courL
room throughout the summing up OF
Mr.. Deimas last year, was abs ent when
court convened today. Assistant DIS
trict Attorney Garvan took coplous
notes of the address of the CHIEF coun-
sci for the defense.
Littleton's Plea.
Mr.. LittIeton said he asked nothing
more than that the jury should observe
in reaching it's verdict the ordinary
rules of any ordinary trial In an ord1-
nary court of an American community.
He cautioned the jurors to keep clear
lv before them the fact that the pre-
sumption of limo cent is always with the
defendant until he is proved guilty.
At some length Mr. Littleton explain
ed the doctrine, of reasonable doubt
I'm a case of this kind he said,
where insanity is the plea it is not
incumbent upon the counsel for the de-
fense to establish the defendants IN
sanity beyond reasonable doubt al
though / think l can point out to you
that we have done all of that. The law
places the burden upon the prosecutor
to prove to you beyond all reasonable
doubt that the defendant was sane.
Mr.. Littleton reviewed Harry Thaws
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
came to the mother that fearful night.
I NAV be blinded by partisanship, but
gentlemen can't you see With me that
this defense is not thing porn OF eX-
ieency to see that injustice Is done or
that a murder may be covered: put
horn instead of the very history of this
boy" 5ot.;I
Reviewing the evidence in detali
and picturing the devotion OF the Ola
nurses and school teachers, who mad
come from afar to give thelr testl-
moty. Mr.. Littleton said:
"Gentlemen. you who look and lis
ten in sincerity may read in the foot
nrints of the boy the course whlch leo
him through London Rome monte
Carlo ana New York in after me-
MT. IittIeton dweIt at length upon
the testimony of Abraham Beck, the
old school teacher from Pennsylvania
ssThat testimony would mean some
thing to me If / were sitting on
Jury" declared the attorney.
Beck's Testimony.
- "There is no more honorable man in
all Pennsylvania than old man Beck
oIi hi -crfy n
in his own language-lt was no re-
haarsaJ when he told you what he did.
No mower on earth could have In
a,,oad that honorable old gentleman,
now tottering near the other side. to
aifb in deception. to have hand In
murder
.-ared To the satisfaction of you gen.
tIemen by the sneers OF the district
attorney? Let the prosecuoion' II tney
have no testimony say SO, and forever
silence their sneers and insinuatfons.
M IjttIeton also laid great stress
,,nnn III letter Mr.. Beck received from
Ms William Thaw in 1881, when she
said she feared the boys mind was ar
facted and begged the old teacher TO
boar with him little longer Tor she
Aid not know what to suggest.
aNher the mother. had appeared
hefore you and had left the wit
ness stand" Mr.. Littleton proceeded,
"the district attorney reao TO you the
affidayit she made in a certain pro-
airg at the last trial. Mr.. Jerome.
7 take it. desired to have you infer that
she .el M had in some way contradicted her
self, or that her testimony was not
candid, but, gentlemen, appeal from
that affidavit, made in the pardonable
nride of the mother. made IN stress
Of circumstances. couched in the ple
thoric vocabulary of the conventional
LAWYER. written in the tumult of a
"I appeal from that affidavit and