Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-01-30
LITTLETON PLEADSFOR THAN
Jury is Urged to Acquit Defendant on
Ground of Insanity.
JEROME WILL SPEAK TODAY
Possibility that the Jury May ne
Charged in the Afternoon
speech Makes Good
impression.
ONE WILL SPEAK TODAY

*. IhaW, today asked IOr the acQullloi VI
his client upon the ground Of insanity, de-
claring he could not see how. in the face
of the evidence. the jury could render any
other verdict The serious and sincere evi-
dence OF the defense, tending to establish
the insanity Of the defendant, Mr.. Littleton
declared has been answered only by the
sneers and insinuations of District Attor-
ney jerome These sneers and insinuations,
the young Pittsburger's advocate asserted,
were not the competent proof that the law
required the prosecuting authorities to
produce. once the insanity of the accused
person was made the issue. He repeat
edly urged upon the Jury to remember that
in a case of this kind the burden of proof
rests wholly upon the state to prove the
sanity Of the defendant beyond all rea-
sonable doubt.
Mr. I.ttleton warmly defended Evelyn
Nesbit Thaw against the attacks of Dis
trict Attorney Jerome. lie said he could
not understand what she had done what
great crime she had committed, consid-
cred In the light of all she had confessed
herself to be, that the prosecutor should
transcend all the rules of propriety and de-
cency and attempt to destroy her when in
the next breath he was ready to 'coddle
and hug and vouch for the testimony OF
such a scoundrel as Abram II. Hummel-
the very vermin of the New York bar
jerome Speaks Today.
The address of the defending attorney
took up all the days session and District
Attorney Jerome In expected to reply to-
morrow. II he should finish. at the morn
ing session Justice Dowling will charge
the Jury i'm the afternoon. II Mr.. Jerome
address should extend well into the after
noon the case will not go to the jury until
Friday
MIR. IAttleton urged today that there
should be no compromise. He asserted that
II any doubt exists in the minds Of the
Jurors they should dissolve it in favor OF
the defendant and acquit him. He begged
them not to be misled by the district at
torney into voting for a verdict OF con-
viction in some lesser degree than that OF
primary murder.
ANY verdict of not guilty in the case 1t
is said will carry with it the assumption
that it was rendered on the ground of the
insanity Of the defendant. whether or not
the insanity clause is added. The plea OF
not guilty entered in the case carried with
It the specification that the defendant was
insane at the time the crime was COM
mitted
Mr.. Iittleton's argument was forcefu and
impressive. He refrsined from appealing
TO the passions of the iurymen, and devoted
himself TO a logical consideration of tho
facts as sdduced In evidence. lie made no
attempt 10 eulogize Harry Thsw. and said
that he asked for him no more considera-
tjon than the average American boy had a
right TO demand of the average American
Jury. The speech was crisp with epigrams
and the short sentences were filled with
the pith of logic and the quality of appeal
The iurymen followed it with intense in
terest and it was generally conceded that
Mr.. Littleton had left District Attorney
Jerome difficult task.
District Attorney Criticized.
81 confess to you, gentlemen he said
that | do not know what the district at
torney has meant in this case. l cannot
fathom how he feels he has discharged his
burden under the law and l am waiting
with much impatience to hear what facts
what evidence, what circumstances he VIII
suggest to you as having been presented
by him to show that this defendant is
sane beyond all reasonable doubt.
''sneers and insinuations are all / have
heard him offer you. He tried TO confuse
some witnesses who said that 1haw could
remember some of the things that hap
pened during his periods of mania. can
you, gentlemen, not clearly remember the
details of your dreams at night, when you
wake in the morningo But can you say
when you dreamed them.
Where is the district attorneys proof;
where are the scientists, the books on in
sanity with which he has shown such thor
ough familiarity in the past where is tho
gallant band of alienists-none of them who
appeared at his behest at the last trial and
are still available Where are they; why
are they not here to answer our ease?"
Mr.. Littleton, in speaking of Evelyn NCs-
bit Thaw, said:
II do not know what the judgment of you
men may be az to her morals or as TO a
reprehensibility of conduct, either with
Stanfield White or Mr.. Thaw. but the dis
trict attorneys manner toward her, in my
Judgment, exceeded anything she deserved.
1t amounted to unofficial antipathy-an an
tipathy which believe exceeded by far the
necessities or duties OF his office. There
always were the notes of savagery and bit
terness in his examintion Of her and in his
comments upon her before this jury. which
were not justified by the facts of this case.
don't know how you gentlemen feel about
II, out II mas Deen Bthefdliy uhuetsloou
that a woman, when she takes the wit
ness stand in this country, Is at least en-
titled to have her testimony elected with
as much gentility. care. tenderness and re-
gard of the ordinary proprieties as ordi-
narily govern the intercourse OF men and
women.
Il do not say that the district attorney
transcended the proprieties and decencies
leave It TO you I may be partisan. 1
would not have you judge the district at
torney from anything I say, but il has
seemed that Mr.. jerome has been more in
tent in destroying this young woman than
in proving that Thaw was sane.
Mrs. Thaw Not on Trial.
THE trend OF his attack would lead you
to believe that Mrs. Tbaw and not her
husband was on trial in before you.
What was there about this young
woman or against her that Mr. Jerome
should pace up and down before you like
a Gagged lion, when he was questioning her
and glare and glare at her and eleneh his
teeth at her-nOt even sitting down when
I was conducting the examinatfon-whAt
was there about her that called for such
treatment from = man who could eOddle
and hug and vOueh for this lOathsome little
Hummel. do not want 70 be unfair to
Mr.. yerOme-We ars eood friends I do
not ash you 10 tslks my view OF him Judge
for yOursalvss.~