The morning journal-courier., 1908-01-30
SNEERS VS. PROOF
Littleton Declares Evidence of Insanity Has Not Been
 Refuted.
ATTACKS STATES METHODS
Plea to the Jury Devoted to a Logical Consideration of Evidence
 Introduced.

New York Jan. 29.-Martin W Lit tleton chief counsel in the defense of Harry K Thaw, today asked for the acauital of his client upon the ground Of insanity, declaring he could not con- ceive how, in the face of the evidence, the jury could render any other verdict. The serious and sincere evidence of the defense tending to establish the insanity of the defendant, Mir. Little ton declared. has been answered only by the sneers and insinuations of Dis trict Attorney Jerome. These sneers and insinuations, the advocate assert ed, were not the competent proof that the law required the prosecuting au- thorities to produce once the insanity of the accused person was brought into dispute. He repeatedly urged upon the jury to remember that in case of this kind the burden of proof rests wholly upon the state to prove the sanity of the defendant beyond all reasonable doubt
 ! Mir. Iittleton warmly defended Ev- elyn Nesbit Thaw against the attacks of District Attorney Jerome. He said he could not understand what she had done what great crime she had com nitted. considered in the light of all she had confessed herself to he. that the prosecutor should transcend all the rules of propriety and decency and at tempt to destroy her when in the next breath he was ready to "coddle and hug and vouch for the testimony of such a scoundrel as Abraham H.. Hummel-the very verlnin of the New York bar"
 The address of the defending attor- ney occupied all of the days sessions and District Attorney Jerome is ex- pected to reply tomorrow It he should conclude at the morning session Jus tice Bowling will charge the jury dur ing the afternoon. If MT. Jerome's ad- dress should extend we'll into the after noon however, the case will not go to the jury until Friday morning. MT Littleton urged today that there should be no compromise. He asserted that ii any doubt exists in the minds of the jurors they should resolve 1t in favor of the defendant and acauit him. He begged that they be not misled by the district attorney into voting for a yer dict of conviction in some lesser de- gree than that of primary murder.
 Any verdict of guilty in the case, it is said will carry with it the assump- ton that it was rendered on the ground of the insanity of the defen- doVt xryIa afhar clause Is added. The plea of not guilty in the case carried with it the speculation that the defendant was in sane at the time the crime was com mitted
 <Mr. Littleton's argument was force ful and impressive. He refraihed from appealing to the passion of the jury men and devoted himself to logical. earnest and serious consideration of the facts as adduced in evidence He attempted to place no crown of glory upon the brow of Harry Thaw, and said he asked for him no more con sideration than the average American boy had a right to demand from the average American jury The speech was crisp In epigram and the short sentences were filled with the pith, with logic and the quality of appeal The jurymen followed it with intense interest and 1t was generally conceded that Mir. Llttleton hal left District At torney Jerome a difficult task
 T confess to you, gentlemen" ht said, that I do not know what tho district attorney has meant in thi. case. I cannot fathom how he feels ht has discharged his burden under the law and ] am waiting with much i'm. patience to hear what facts. what evi dence, what circumstances he will sug gest to you as having been presented by him to show you that this defendan Is sane beyond all reasonable doubt.
 "Sneers and insinuatons are all