The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1908-01-31
lITTLET0N
LOQuENT
MAKES IMPRESSIVE Plea FOR
s5THAw BASED ON THE LAW
AND THE EVIDENCE.
SCORES JEROME
E-1717
SCORES
Attorney for the Defense says Prose-
cutor Was Brutal In Treatment Of
Evelyn Thaw-Asserts That De-
fense Has Clearly Shown insanity
Of Accused.

TENSE FA1 NlSdFty oHVWU oHs~ssssy
Of Accused.
New York, Jan. 29.-Martin W. Lit
Teton, chief counsel in the defense of
Harry X. Thaw, today asked for the
~acquittal Of his client upon the ground
of insanity, declaring he could nc
see how, in the face Of the evidence.
the jury could render any other vel.
dict.
ssThe serious and sincere evidence
Of the defense tending to establish the
insanity of the defendant" Mr.. Little
ton declared, "has been answered only
by the sneers and the insinuations of
District Attorney Jerome" MI. Lit
Teton warmly defended Evelyn Mes
bit Thaw against the attacks Of Mr..
Jerome. He said he could not under
stand what she had done, what great
crime she had committed, considered
in the light of all she had confessed
herself to be, that the prosecutor
should transcend all the rules Of pro
priety and decency and attempt to de-
stroy her, when in the next breath he
was ready to s"coddle and hug and
vouch for the testimony Of such q
scoundrel as Abraham Hummel, the
very vermin Of the New York bar"
Occupied Entire Session.
The address of the uerending attor-
ney took up all Of the session and Mr..
Jerome is expected to reply tomorrow.
II he should finish at the morning ses-
sion Justice Bowling will charge the
jury during the afternoon. II Mr.
Jerome's address should extend well
into the afternoon, however, the Isl
will not go to the jury until Friday.
MI. Mttleton's argument vas force
full and impressive. He refrained from
appealing to the passions Of the jury
men and devoted himself to a logical
consideration Of the facts as adduced
in the evidence. He made no attempt
to eulogize Thaw, and he said that he
asked for him no more consideration
than the average American boy had a
right to demand Of an 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 jurymen followed II
with intense interest, and 1t was gen.
orally conceded that Mr.. Littleton
had left Mr.. Jerome a very difficult
task.
Could Not Fathom Jerome.
y confess to you, gentlemen" he
said, shat / do not know what the
district attorney has meant in this
case. / cannot fathom how he feels
he has discharged his burden under
the law, and ! am waiting with much
Impotence to hear what facts. what
evidence, what circumstances he will
suggest to you rs having been present
ed by him to show you that this de
PENDANT Is sane beyond all reasonable
doubt. 4
"Insinuations are all ! have heard
He tried to confuse some Of the wit
nesses, who said Thaw could remem
her some things that had happened
during his periods Of mania. Can you
gentlemen, clearly remember the de
tails Of your dreams at night when 20,
wake in the morning, and can you sa,
when you dreamed them?
Where is the district attorney!
proof? Where are the scientists, tn,
books on insanity with which he ha,
shown such thorough familiarity ii
the past? Where is the gallant ban,
Of alienists-nine of them-who ap
peared at the last trial and are still
available? Where are they? VIII,
are they not here to answer gu
case?"
fSG E
Explains insanity Plea.
Mr.. Littleton said he asked nothin
more than that the jury observe tn
ordinary rules Of any ordinary trial l
an ordinary court OF an America
community.
He cautioned them to keep clearl
before them the fact that the pr,
sumption Of innocence is always wit
the defendant until he is prove
guilty. .,56
AT some length Mr.. Lttleton e.
planned the doctrine Of reasonabl
doubt.
I'm a a S of this kind he sal,
where insanity is the plea, 1t Is nj
incumbent upon the counsel for til
defense to establish the defendant
insanity beyond a reasonable doub
although I think I can point put /
you that we have done all OF that. Th
law places the burden upon tho pro
ecution to prove to you beyond a re,
sonable doubt that the defendant wa
sane.