Evening journal., 1908-01-29
ASKS
FOR THAW'SLIFE
Lawyer Pleads Insanity as a
Defense in the Killing Of
Stanford White
CELEBRATED CASE IS
NEARING THE END
BY THE JOURNALS Special wire.

Dl I'LL dOOAkANaAAa . ahINlaA fNlfts
NEW YORK, Jan. 29.-with noth-
ing left to complete the trial Of Harry
X Thaw but the summing up on both
sides and the judges charge to jurys
there is much speculation as to tha
probable verdict While the unexpect~
ed may happen, as 1t often does whera
the verdict of a trial jury is concerneds
there Is a unanimity OF opinion among
these that have followed the trial thas
there is no chance of murder in ths
first degree"
The general belief favors a disagree-
ment or a mot guilty on the ground %
insanity" decision when the case finally
goes to the jury.
IL was by Justice Dowlings own liz
rectlon that a day was set aside for
the defense and one for the prosecutions
to make their arguments. Littletou
and Jerome had agreed they would nod
need more than couple of hours sr
So but the justice took the matter into
his own hands and, because of the inn
portance Of the case. decided thers
should be no time limit
The announcement that Lttletom
would sum up attracted the largest
crowd Of the trial to the courtroom.
/ Evelyn Thaw sat beside her sister-in-
law Mrs. George l.. Carnegie. while
Mrs. William Thaw, worn and plainly
( III. was seated between Mrs. Carnegie
and the latters husband.
/ There were also several womon
friends OF Littloton's IN the courtroom.
the bar against them having been
raised temporarily by Justice Bowling.
Among the spectators was Sir Alan
Johnson, of Denmark. who Is in this
country on visit. AS Littleton en-
tored the court room Mrs. William
Thaw called hun over and they con-
versed very earnestly for a few min
utes. II was O45 o'clock befors
Justice Dowllng took his seat on the
bench and Thaw was escorted into the
room by q deputy. He stopped as no
passed through the gate. smiled and
bowed at his relatives. He then rat
Gown ana talked earnestly with Little-
ton for a couple Of minutes.
Littleton began his address at 1045.
Insanity Plea.
Littleton began by congratulating ths
Jury on the fact that their labors
would soon be over. and paid a tribute
TO Justice Dowlings fairness, declar-
ing his judicial action more than any
thing else had been responsible for tho
quicxness with which the evidence had
been completed.
THE defendant here stands charged
with murder in the FIRST degree" con-
tinued Littleton. "and we have inter-
posed a plea of not guilty. The law
permits us to set up in our defense in
sanity This we have done. The
burden Of proof in this case, gentlemen.
is in every instance on the prosecution
Not only must q show that he wilfully
and feloniodsly deliberated on tina
murder, but it must also show that he
absolutely knew the nature and the
character Of mis- acts"
Here Littleton took up the question
of a reasonable doubt He declared that
the action OF the prosecution indicting
and placing the defendant on trial must
not be considered by the jury.
"This defendant Is entitled to every
presumption of innocence" Numbered
Littleton. IAN American verdict from
this American jury IS all that we want,
gentlemen. We believe you are con-
WINGED from the evidence that this de-
fendant was not sound Of mind when
he killed Stanford White. The prose-
cution was compelled TO prove he was
sane at the time Of the killing. but we
were not compelled TO prove that he
was of unsound mind.
(Continued on Second Page.)