Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-01-31
JEROME CHANGES TACTICS
Prosecuting Attorney Has No Word
of Palliation for White.
THAw IS DELIBERATE MURDERER
Dissects Evidence COIdIy, Declaring
Defendant Knew and Planned
Deed-Great Crowd in
Court Room.

torney William Travers jerome i'm his plea
for the Gonvction OF Stanford whites
slayer declared there was absolutely moth
ing In the case presented to the jury to
show that Thaw was so insane the night
of the tragedy that he did not know the
nature or quality Of his act, or that the
act was wrong.
The prosecutor followed this. however,
by siguifying very plainly that he believed
justice would be served If the defendant
should be found guilty of some lesser de-
gree OF criminal responsibility than murder
in the first degree. He explained care
fully elements that entered into verdict
of first degree murder and then pointed
the way to two other possible findings
murder in the second degree, or man
slaughter in the first
Mr.. Jerome surprised his hearers today
by the striking contrast of his argument
with that of a year ago The vindictive-
ness was gone, the passionate defense Of
White was gone, the denunciation of Eve
lyn Nesbit has no place in his remarks.
Instead there was a calm, analytical dis
section of the evidence, a concession Of pos
sible weakness, both mental and physical,
in the defendant but always a recurrence
to the hard and fast rule of the law that
not to know what he was about.
White Did Great Wrong.
Mr. jerome declared dramatically that
there was no doubt Stanford White had
done Evelyn Nesbit a great wrong and that
Harry Thaw had every motive for revenge
full murder upon the man he killed. This
motive he asserted forever swept away
the claim of insanity which knows not what
it does.
Justice Dowling announced as luncheon
recess was taken today that he would not
charge the jury until tomorrow morning.
District Attorney Jerome will conclude this
afternoon
There was another great crush at the
criminal courts building today to hear
District Attorney Jerome make the closing
address for the people in the Thaw case.
When the doors were opened the court
chamber was found to be already filled
with specially privileged spectators. JUS
tice Dowling was late in getting down town
and II was some time after the hour set
for convening when he took his place on
the bench.
Evelyn Nesbit Thaw and Joseph Thaw
were the only members of the defendants
family present when Mr.. Jerome began his
argument at IL o'clock. He declared the
case had been handled by him with some
difficulty as he had many other matters
'of Importance to attend to at the same
time.
Makes Apology for Sneers.
IF l have at any time lacked the dignity
that attached to my office" continued the
prosecutor; III at any time l have shown
any asperity or lack OF consideration, I
can only say now that l regret 1t. Any
personal impression l have made or have
not made should have no part whatever in
your verdict. You are not trying the dis
trict attorney. Any sneers he may have
made is not evidence for the people, and
neither are they any evidence that Harry
X Thaw was insane when he killed Stan
ford White.
LAS to the woman, if my manner was one
OF dsapprobation, that is not evidence.
Neither | nor the woman is being tried
here Harry Thaw is on trial for the muir
der of StanfoNi White and thefdefense is
that he was insane on the night of June
25 1905; that he was not generally insane
or is insane now. All you have to deal
with all / have to deal with, Is whether
or not at a particular time and place this
defendant was insane-whether when he
shot and killed Stanford White Inc knew
that the act was wrong and against the
law of the land"
Cold Dissection of Evidence.
II shall endeaVor," Mr.. jerome added
"Coldly to dissect the evidence In this case
! TO trace ii step by step, and to show you
that the burden that law places upon the
defense of proving the insanity of this de-
fendant 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 circumstances
were murder in the first degree, murder in
the second degree, manslaughter i'm the
first degree or not guilty on the ground of
insanity.
The district attorney declared Thaw
plainly had motive for killing White,
Every act of his for two or three years
before the tragedy pointed to his deadly
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 a New York club; he
knew that White had threatened his life;
II the stage door man is to be believed. he
knew that just month before the tragedy
White had told May Mackenzie he heard
Thaw and Evelyn we're not living happily
together and he would get the girl back.
No Defense of White.
1T matters not whether you believe the
girls story of the drugging or not" de-
clared Mr.. Jerome "The relations of this
middle aged, married man with the girl
/ OF Is cry out to heaven, and no decent
man can say a word in defense. l GER
! tainIy have no intention of doing so. But
with all the things l have pointed out to
| YOU if there was motive in the heart OF
/ this defendant. can imagine nothing that
can create motive"
Last year Mr.. Jerome passionately de-
Tended Stanford White, declaring that Ms
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 Nesbit had sought to
blacken.
The prosecutor today took up one by one
the acts of Thaw on the roof garden and
Immediately following the tragedy. and as
serted that all pointed to full knowledge
of what he was doing; that his eyes fell
on the monster" who had done him many
wrongs. against whom he had many griev-
ances and the premeditated murder came
TO startle the whole world Thaw's move
ments were characterized by the utmost
deliberation. Mr. Jerome said. I'VE find
Thaw armed on the Garden-armed for a
single purpose, armed for the man he