The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-01-31
STARTLING CHANGE IN
JER0ME'S PLEADINGS
CONTINUED FROM PAGE IL


vening when he took his place on the
bench
Evelyn Nesbit Thaw and Josiah Thaw
were the only members of the defend
ants family present when Mr.. Jerome
began at II o'clock.
He declared that the case had been
handled by him with some difficulty,
as he had had many other matters of i'm
portance to attend to at the same time.
IF | have at any time lacked in the
dignity that attaches to my Office con-
tinued the prosecutor; IF at any time
l have shown any asperity or lack of
consideration, | can only say now that
1 regret it. Any personal impression
have made or have not made should have
no part whatever in your verdict. You
are not trying the district attorney. Any
sneers he may have made is not evidence
for the people, and neither are they any
evidence that Harry K Thaw was in
sane when he killed Stanford White. AS
to the woman, If my manner was one of
disapprobation, that is not evidence.
Neither I nor the woman is being tried
here. Harry Thaw is on trial for the
murder of Stanford White and the de-
Tense is that he was insane on the night
of June %, 1906; that he was not gen
orally insane or is insane now. All you
have to deal with, all l have to deal
time or place this defendant was insane
whether when he shot Stanford White he
knew that the act was wrong and against
the law of the land
Cold Facts To Be Given.
81 shall endeavor," Mr. Jerome added,
"coldly to dissect the evidence in this
case, to trace it step by step and to
show you that the burden the law places
upon the defense of proving the insanity
of this defendant has not been met"
Mr.. Jerome explained to the jury the
different degrees of murder defined by
the law and declared that in this case
the only verdicts possible under the cir
cumstances We're murder in the first de-
gree, murder In the second degree, man
slaughter in the first degree or not guilty
on the ground of insanity.
The, district attorney declared Thaw
plainly had a motive for killing White.
Every act of his for two or three years
before the tragedy pointed to his dead
ly and consuming hate of the man he
killed. Thaw believed that White had
drugged and mistreated his wife He
knew that White had kept him out of
New York club he knew that White
had threatened his life, if the doorman
is to be believed, and he knew that just
a month before the tragedy White had
told May Mckenzie that he heard that
Thaw and Evelyn were not living hap
PLY together and he would get the girl
back.
No Defense of White.
at matters not whether you believe
the girls story of the drugging or not"
declared Mr.. Jerome THE relations of
| this middle-aged married man with the
| girl of 10 cry out to heaven and no de-
cent man can say a word in defense. L
certainly have no intention of doing So
But, with all the things 1 have pointed
out to you, il there was no motive in
the heart of this defendant, l can imag-
inc nothing that can create a motive"
In his speech last year, Mr.. Jerome pas
sionately defended Stanford White, de-
claring that his spirit lowered ever near
the court room crying out to be heard In
Defense crying for some one to tell the
truth and protect a character Evelyn Mes
bit had sought to blacken. The prose-
cutor today took up one by one the acts
of Thaw on the roof garden and immedi-
ately following the tragedy, and asserted
they all pointed to a full knowledge of
what he was doing-that his eyes fell
upon 1.-THE monster" who had done him
many wrongs, against whom he had many
grievances and the premedtated murder
came to startle the whole world. Thaw's
movements were characterized by the ut
most elaboration, Mr.. Jerome said. I'VE
find Thaw armed on the garden-armed
for single purpose. armed for the man
he walked up to and killed by three bull
lets.
ThaW's Pecuiarities.
'Is there anything insane about all of
this? He was nervous as a child. He
had fits like tantrums He didn't like al
zebra. He was always pale with staring