The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1908-01-31
FAIRNESS
IS His AIM
yERoME's ARGUMENT IN THAw
CASE Is TEMPERATE AND
MOST LOGICAL.
.PITlES ! EVELYN

Thaw and White 5oth Degenerates.
Believes Moman's story But Rldi-
eu'es insanity Plea.
New York, Jan. 30.-William Trav-
ers Jerome, representative Of the pros
ecution, made q mastery plea today
that justice be done in the case Of H.
X. Thaw. vindictiveness, sneers, in
all we're lacking; logic,
analysis and acalm consideration Of
the facts were their substitutes. I'll
was no blind appeal for the vengeance
Of the law that Mr.. Jerome addressed
to the jury, but ever and always there
was the note of fairness, even at
times Of mercy.
The year that has elapsed since the
first trial had wrought wonderful
and startling change in the prosecu-
tors No longer attempting to shield
the name Of Stanford White, he &C
cepted the story told by Evelyn Mes
bit Thaw as true all but the drug
ging and he made frank confession
to the jury that the velvet swings and
mirrored rooms Of the studio house
described by the girl were indeed a
reality.
No longer attacking Evelyn Thaw
as a skilled advehturess, Mr.. Jerome
pleaded for the girl because she new
er had had a chance for any of the
higher, cleaner, sweeter things OF
life. The climax came, however,
when jerome denounced Thaw and
White in one breath and classed them
as two degenerates quarreling over a
woman and the woman, the prosecu-
tor declared. knew no more had been
taught no more by the world than to
play o ne HgstAst the other until in
Jealous rage, in blind hatred, In ven
geance Of ian undeniably gross wrong
done to his wife," Harry Thaw shot
and killed the architect.
Goes to Jury This Morning.
The case will go to the jury tomor-
row morning and Thaw may know
his fate before the setting Of another
sun. Justice Bowling will begin the
charge as soon as court convenes at
10:30 o'clock. He postponed the read
ing Of his instructions until tomorrow,
when the jury might have all day for
consideration Of the evidence before
being locked up in the stuny little
jury room.
District Attorney Jerome turned a
willing ear to the testimony Of insan.
ity and emphasized 1t in number OF
instances. He admitted that Thaw
had always been physically weak and
at times his mind had been unstrung
And while at no point was there the
direct offer Of compromise IN the
prosecutorship, there was nobly an
indication that he would not feel that
Justice had been misdirected II a yer
dict Of some lesser guilt than murde,
in the first degree should be the cul
mination Of the jury's deliberations
Mr.. Jerome carefully explained the
elements that enter into verdict ol
primary murder, the penalty Of which
Is death, and then pointed the way tc
two other Findings, which he de
clared were possible under the cir
cumstances.
In first degree murder the district
attorney said, the killing must have
been the result Of both intent ant
deliberation; in the second degree
murder he said the intent to effec
death remained, but premeditatior
must have had no part. In man
slaughter, In the first degree, he de
c1ared the elements were an over
whelming rage and fury, which com
PEELED the assailant to shoot without
however, the intent to inflict death
Mr.. jerome said he could not see hoy
under their oaths as Jurors, the 4
men in the box could go outside o
these three verdicts.
Plea Of insanity.
To render verdict of not guilty Of
the ground OF insanity, the prosecute
declared, 1t will be necessary unde
the statutes and the decisions Of tn
court OF appeals for the jurors to be
lieve Harry Thaw was so insane tha
he did not know 1t was pistol h
had In his hand when he fired wit
perfect and deadly aim three bullet
into the body Of his victim; that b
must have been 80 insane as not t
know that the man he killed wa
Stanford White, the one man In th
world whom he hated and had a m.
tive for vengeance against: that b
must have been so insane as to kne'
> that It was not wrong to take fe
low beings life, that he must hay
been 30 insane as not to know whit
the police officers wanted with hil
I