The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1908-01-30
District Attorney Suggests
Some Lesser Degree Of
Punishment.
SCORES DEAD MANS ACTS
Prosecutor Changes Tactics From
Last Trial --EveIyn Escapes
Former Bitter DenunciatiOn.
Calmly Outlines the
Evidence.

NEW YORK, Jan. 30.-Conceding
that Hairy K. Thaw may have had ir-
rational outbreaks now and then dur
ing the thirty-six years of his life,
District Attorney William Travers Je-
rome, in his plea for the conviction of
anford Whites slayer, today, de-
clared there was absolutely nothing in
the case presented to the jury to show
that Thav was SO insane the night of
the tragedy that he did not known the
nature or quality of his act, or that
the act was wrong.
The prosecutor followed this, how
ever, by signifying very plainly that
he believed justice would be served ii
the defendant should be found guilty
of some lesser degree of criminal re-
sponsibility than murder in the first
degree.
lie explained carefully all the ele-
ments 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 to-
day by the striking contrast o: his
argument with that of year ago. The
Vindictiveness was gone, the passion
ate defense of White was gone, the de-
nunciation of Evelyn Nesbit had no
place in his remarks.
Instead there was a calm analytical
presentation OF the evidence, a con-
cession of possible weakness, both men-
tai and physical in the defendant, but
, oI Hpa 30 ri
fast rule of the law that man to be
excused must be so insane as not to
know what he was about.
Mr.. Jerome declared dramatically
that there was no doubt Stanford White
had done Evelyn Nesbit a great wrong,
end that Harry ThaY had every motive
for reYengeful murder upon the man
he killed.
This motive, he asserted, forever
swept away the claim of insanity,
which knows not what it does.
''If ! have at any time lacked in the
| dignity that attaches to my ofticey'
continued the prosecutor; "if at any
time have shown any asperity or lack
OF consideration, l can only say now
that regret it. Any personal impress
/ sion l have made or have not made
should have no part whatever In your
verdict. You arc 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 Is.
Thaw was insane when he killed Stan
| ford White. As to the woman, il my
manner was one of disapprobation, that
! is not evidence. Neither / nor the
woman is being tried here.
Harry Thaw is on trial for the mur..
der of Stanford White, and the defense
is that he was insane on the night of
June 20, 1906; that he was not gener-
ally insane, or is insane now. All you
have to deal with is, ali I have to deal
with is, whether or not at particular
time and place this defendant was in
sane: whether when he. shot and killed
Stanford White he knew that the act
was wrong and against the law of the
land"
II shall endeavor," Mr.. Jerome added.
.coidly to dissect the evidence in this case,
to trace it step by step, and to show you
that the burden the law places upon the
defehse of proving the insanity of this de-.
fendant has not been met"
! Mr.. 9rome explained to the jury tEe
/ different degrees of murder defined by the
law, ard declared that ir this case The
only verdiets possible suK6er the crcum-
stances were murder in the first degree,
murder in the second degree, manslaughter
in tht 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
befor the tragedy pointed to his deadly
and consurdng hate of the man he killed.
"Thnw believed that White had drugged
and nistreated his wife. he knew that
White had kept him out Of New York
! club: he knew that White had threatened
his life, If the stage doorman is to be be-
lieved. and he knew that just a month be-
fore the tragedy White had told May Mac
tContinued ON Second PRge,1