Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1908-01-29
"Manic- Oppressive" Insanity
Theory Relied Upon by De-
fenSe Makes No Claim That
Harry Thaw is Now Sane,
CASE EXPECTED TO GO TO
JURY FRIDAY MORNING
Jerome Surprises Defense by
Refusing to Summon Experts
to Combat Testimony of
Medical Men for Prisoner

by Morning journal Speclal Itdseu NiSt.l
New York, Jan. 2S.--With no at.
tempt on the part of the state to com
bat with scientific testimony the claim
of insanity urged in behalf of Harry
x. Thaw, the taking Of evidence in
the second hearing of the Madison
Square Garden murder trial ended to-
day Tomorrow morning Martin w.
Littleton will begin his plea for the
defendant, and is expected to occupy
both morning and afternoon sessions
with his summing up argument Dis
trict Attorney Jerome will speak on
Thursday. He has promised to be
brief and If his address should not eX-
tend beyond the morning session, jus
tice Dowling viii hand the case over
to the jury on Thursday afternoon.
The court announced that he would
probably deliver his charge on Friday
morning.
Contrary to his policy of last year,
when he called nine experts on insan"
ity to the witness chair, Mr, Jerome
this year utterly ignored the scientific
phase of the rebuttal case. He pro-
duced several eye witnesses to the
tragedy and several police officers
who handled Thaw the night OF the
homicide and placed on record their
opinion that the defendants acts and
manner weer rational Under agree
ment of counsel, the testimony given
by Abraham Hummell at the last trial
was read to the jury and the ThaW
will was admitted in evidence without
further proof as to its custody during
the six months following the shooting
of Stanford White. The affidavit al
legged to have been made by Evelyn
Nesbit in Hummelrs office, charging
Thaw with cruelty and attempting
falsely to place the blame for the
Nesbit girls downfall upon Stanford
White, also was admitted by Justice
Dowling, and then the case, so far as
testimony was concerned was at an
end. Mr.. Jerome's elimination OF eX-
pert testimony from the rebuttaI case
oCcasioned much talk,
Based upon his assertions OF last
wear that Thaw was an inccrable par
anoic. rumor had it that the prose- u
tor might not be displeased WITH a
verdict of not guilty on the ground OF
insanity, with an ensuing commlta' Oh
Thaw to the asylum for the criminal
insane at Mattewan. Throughout the
trial, however, Mr.. Jerome has at
tenpted to belittle and descredit all
testimony having to do with Tha"
irrationallty. He has attempted to
show that the youthful outbufsts ol
the defendant were fits or temper
which deserved spanking as ht
expressed it, rather than sclentlhc uls-
cussion. He has attempted TO dls-
credit the outbreaks in later life WIN
the suggestion that they were the re-
suit of too much drink and nothing
more. That the prosecutors Will rldl'
clue the expert testimony is generally
agreed. Having no experts OF ms own
he has a free hand in thaL dTecl,ol
this wear Mr.. JerOme's move TO-DAY
also frustrated a plan OF the uelehs'
to call in sur-rebuttal several u '''
experts who testified against ThaW d
his last trial, but who, when MI JeI
ONE switched to the appointment oil
lunaey commission, made aihudNIu
setting forth the opinion that IhaN
was so insane as to be Incapable
understanding the nature OF the pro
ceedings against him or OF lhtelllse''
ly advising with counsel
Mr. Iittleton in his argument, whlci
is expected to be an eloquent pu
straightforward presentation OF IN
facts will contend the prosecution ma
failed to shake the case OF llsahlt'
built up by the defense,
He will again call attention TO IN
law and the burden of proof IT place
upon the state in a case where lHsah
ity is pleaded as a bar to respohslpli
ity for a criminal act. He viii con
tend, and will ask Justice Dowling [
carefully instruct the jury on IN
point that once the defense has pro
duced evidence of insanity it become
the duty of the prosecution to femoV
every doubt Of insanity. In othe
words, Mr. Littleton will ask for
acquittal unless the jurors are con
WINGED that every reasonable DOUBT a
to Thaw being insane at the time G
committing the homicide has been re
moved by the states case.
Mr. Littleton has made no claim {
present sanity for Thaw. In ia;
the experts for the defense have test
fed that in manic ic-depressive insanit!
the diagnosis now applied to Thaw
condition of mind, the patient is yer
apt to have attacks Of increasing frt
quency and violence.