Los Angeles herald., 1908-01-30

LIT 7LETON
PLEADS FOR
ACQUITTAL
MAKES BRILLIANT SPEECH IN
CLIENTS BEHALF
DEFENDS EVELYN NEsRlT FROM
JERoME's ATTACK
Noted Attorney Urges Jury to Find
Slayer Not Guilty on Ground
That He Was In-
sane

BY Associated Press.
NEW YORK, Jan. 29.-Martin w.
Littleton, 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 not see
how, in the face of the evidence, the
Jury could render any other verdict.
The serious and sincere evidence of
the defense tending to establish the In
sanity of the defendant, Mr.. Littleton
declared, had been answered only by
the sneers and the insinuations Of Mr..
Jerome.
These sneers and insinuations, the
young Pittsburger'S advocate asserted,
were not the competent proof that the
law required the prosecuting authors
ties to produce, once the insanity of
the accused person was made the issue.
He repeatedly urged upon the jury
to remember that in case of this kind
the burden of proof rests wholly upon
the state to prove the sanity of the
defendant beyond all reasonable doubt.
Defends Mrs. Thaw
Mr.. Littleton warmly defended Eve
lyn Nesbit Thaw against the attacks of
District Attorney Jerome. He said he
could not understand what she had
done, what great crime she had COM
mitted, considered in the light of all
the prosecutor should transcend all the
rules of propriety and decency and at
tempt to destroy her when in the next
breath he was ready to 'coddle and
hug and vouch for the testimony of
such scoundrel as Abraham Hummel
the very vermin of the New York bar"
The address of che defending attor-
ney took up all of the session, and
District Attorney Jerome is expected
to reply tomorrow. If he should finish
at the morning session, Justice Bowling
will charge the jury during the after
noon. If Mr.. Jerome's address should
extend we'll into the afternoon, how
until Friday.
| Mr.. Littleton urged today that there
| should be no compromise.
He asserted that If 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 attorney
in some lesser degree than that of
primary murder.
Any verdict of not guilty in the case,
it is said, will carry with 1t the as
sumption that it was rendered on the
ground of insanity Of the defendant,
whether or not the insanity clause is
added. The plea of not guilty entered
cation that the defendant was insane
at the time the crime was committed.
Littleton's Argument Forcefu
MI Littleton's argument was force
full and impressive. He refrained from
appealing to the passions of the jury
men and devoted himself to logical
consideration of the facts as adduced
in evidence
He made no attempt to eulogize
Harry Thaw, and he said that he asked
for him no more consideration than the
average boy had right to demand OF
an American jury.
The speech was crisp with epigrams.
and the short sentences were filed with
the pith of logic and the quality OF
appeal.
The jurymen followed it with intense
interest and 1t was generally conceded
that Mr.. Littleton had lent Mr.. Jerome
a hard proposition to answer.
The demand for seats at the trial
today so far exceeded the capacity of
the court chamber that the police in
charge had their hands full in handling
the disappointed crowds.
For the first time since the taking of
testimony began, Evelyn Nesbit Thaw
occupied a seat in the court room. Mrs.
William Thaw, the mother; Mrs.
George L. Carnegie, the sister, and
Josiah Thaw, the brother, also were in
the family group.
The bar against women spectators
was suspended and there were many
of them on hand when Justice Dowling
took his seat on the bench Attracted
by Mr.. Littleton's reputation as an
orator, prominent lawyers and men OF
affairs from all parts of the country
were included in the courtroom throng.
1t was 1880 when Mr. Littleton arose
and began his plea to the jury In be-
half of Harry Thaw. District Attorney
Jerome, who made point of remain
ing away from the court throughout
the summing up of Mr.. Delmas last
year, was absent when court convened
today.
Assistant District Attorney Caravan
took copious notes of the address of the
counsel for the defense.
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Death Calls Former Warden