Evening star., 1908-01-29
PLEADS THAW'S CAUSE.
LittIeton Begins the Argument
for the Defense. -
COURTROOM WAS CROWDED
Unusual Gathering Of the Defend.
ants Relatives.
SENIOR COUNSEL Is ELOQUENT
Refers to the Prenatal Influence
That Cast It's Shadow Over tho
Whole Life Of the Prisoner.
Special Dispatch to The Star.

Special Dispatch to The Star
NEW YORK, January 2a.-The Begin
ming Of the end of the fight for Harry X.
Stanford White was seen today in the
criminal branch OF the supreme court
when Martin W. Iittleton, Thaw's chief
counsel, began to sum up for tho defense.
at least five hours in reviewing the case
and presenting his arguments. lie seemed
only we'll under way when recess was
taken for the lunch hour. although by
that time he had gone over nearly all the
evidence as to insanity that had been ad-
duced by Thaw's side. No small Incl
dent that would tend to show that Tbaw
was insane when he shot White was left
untouched.
Mr.. Littleton's talk of the morning
was review of Thaw's history az il
has been shown BY witnesses, from his
cradle until two months before the shoot
ing. IL was careful and generally
calm narshaling of facts in chrono,ori-
cal order and seldom did the attorney
indulge in much oratory. The genera,
opinion OF those in the court room was
'na' tfiis would be reserved for the last.
That Old Letter.
In beginning his address Mr. Iitt,,+on
dwelt strongly on the hered,,arr ,.,,.
OF insanity in the Thaw family and h.
nade what vas considered strong
argument with reference to the affidavit
made by the prisoners mother AT tho
time when an application was befors
the court for the acpofutment nc ..,,,
mission TO inquire into her SONS n,a,,.,,
state At that, time she had said ,b.t
there was no such taint in her husband.
family or her own for more than four gen.
erations bac'<
To Offset this Mr. Litt,eton went bacr
TO the letter Thaws mother had written
Wnen Tbaw vas eleven years of age and
at the time he was attending Beck.s
school for boys in Pennsylvania In tb,s
letter the mother spoke of her terrible
feeling of dread and of her fear thar
her son might be mentally unbalanced.
The letter, Mr.. Littleton said. had none
of the legal phrascology of an affidavit.
but was the simple and true expression
of what mother felt and feared. He
was willing that the jury should place
the letter alongside the affidavit in the
jury room and select the one which they
thought conveyed the real belief of the
prisoners mother
Jerome Was Absent.
The demand for seats at the Thaw 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 was
begun Evelyn Nesbic Thaw had a scat
in the courtroom. Mrs. William ThaH.
the mother; Mrs. George /. Carnegie. ths
sister, and Josiah Thaw, a brother, also
were in the family group. The bar
against woman spectators was suspended
and there were many of them on hand
when Justice Bowling took his place on
the bench. Attracted by Mr.. Littlcton'a
reputation as an orator prominent law
yers and men of affairs from all parts
Of the country were included in the
courtroom tnrong.
1t was 10:J0 o'clock when Mr. Littleton
arose and began his plea 10 the jury in
behalf of Harry Thaw. District ATTORNEY
jerome, who made point of remaining
away from the courtroom throughout the
summing-up of Mr.. Delmas last year.
was absent when court convened today
Assistant District Attorney Garvan was
present and took copous notes of the
address of the chief counsel for the de-
fenSe.
Reasonable Doubt
Air. Littlero9 said he asked nothing
more than that the jury should observe
in reaching its verdict the ordinary rules
of any ordinary trial in an ordinary court
of an American community. He cautioned
the jurors TO keep clearly before them
the fact that the presumption Of inno-
cence is always with the defendant until
he is proved guilty.
At some length Mr.. I.ittleton explained
the doctrine of reasonable doubt
In a case of this kind he said "whes.
insanity is the :,lea. it is not incumbent
upon counsel for the defense to establish
the defendants insanity beyond rea-
sonable doubt although I think ! can
Toint out 30 you that We have done al;
Of that. The law places the burden upon
the prosecutor to prove to you beyond
all reasonable doubt that the defendant
was SaEe.
With impressive strength of presents-
tioa Mr.. LittleIon reviewed Harry Thau,s
history from the time of the prenatal in
cident. when his mother. in the middle of
the night. put ont her hand in bed to feel
the cold features Of a child who had sud
denly died. down to the day Of the tragedy.
Taint OF Heredity.
This boy he said. took on the brood
ing. the very melancholy which came to
the mother that fearful night. I NAV be
blinded by partisanship, but gentlemen.
can't you see with me that this defense is
no thing born OF an exiGency. to see that
injustice is done or that a murder NAV
be covered. but born instead of the very
history OF this boy
Reviewing the evidence in detail ard
picturing the devotion o: the old nurses
and the school teachers who had come
from afar 10 give their testimony. Mr..
Littleton said:
Gentlemen. you who look and listen in
sincerity may read in the footprints Of the
boy the course which led him through
london, Rome. Monte Carlo and New
York in after lie
Mr. Littleton dwelt at length upon the
testimony of Abraham Beck. the old
school teacher from Pennsylvania.
THAT testimony would mean something
to me If were sitting OH jury de-
clared the attorney There is no more
honorable man in all Pennsylvania than
old man Beck. His testimony was all his
i'm, II Low