Waterbury evening Democrat. [volume] (Waterbury [Connecticut]) 1903-1917, 1908-01-29

fore Jury ana introduces NO Alien
lists to Controvert Testimony O
Prisoners Experts.
New York, Jan. 29.-Martin W.. Lit
Teton, chief counsel for Harry X
Thaw, began his plea for the million
aire slayer of Stanford White imme
diately after court opened today. Thav
listened attentively to every word sale
in his behalf and made notes of som,
of the telling points in Mr.. Littleton's
argument.
The latter commended that the prose
cution had failed to shake the case OF
insanity built up by the defense. He
again and again called attention to the
law and the burden of proof it has
placed upon the state in case where
insanity is pleaded as a bar to respon
sibility for a criminal act. He con
tended and asked Justice Bowling to
carefully instruct the jury on the point
that once the defense has produced
evidence of insanity it becomes the
duty of the prosecution to remove
every reasonable doubt of insanity.
Asks For an AcquittaI.
In other words, Mr.. LittIeton asked
for an acquittal unless the jurors are
| thoroughly convinced that every rea.
| sonable doubt as to Thaw being in
sane at the time of committing the
homicide has been removed by the
witnesses in the states case.
The entire day has been allotted to
the defense. Tomorrow morning Dis
trict Attorney Jerome will sum up for
the state. He has promised to be brief,
and if his address should not extend
beyond the morning session Justice
Bowling will hand the case over to the
jury on Thursday afternoon.
The rival lawyers took a short cut In
presenting all of the evidence to the
jury. Each gave point to win one,
and the result of the compromise was
an arrangement whereby each claims
to have scored point.
The agreement between counsel put
In evidence the celebrated Hummel affi-
davit and the will made by Thaw on
the night he married Evelyn Nesbit.
The defense had kept out the affidavit
and the prosecution had barred the
will. Each side wanted the papers
given to the jury, and it was not until
Mr.. Jerome made it evident that he
would force an examination of Hum
mel in the penitentiary hospital at
Blackwell's island that a way out of
the difficulty appeared and both pa
pers spread upon the records.
Evelyn Swore Thaw Beat Her.
After the agreement between counsel
concerning Hummels testimony and
the Thaw will Mr. Jerome himself read
the testimony of the lawyer to the jury.
Hummel in his story last year, which
was read, told of preparing the affi-
davit for Evelyn Nesbit, which was
afterward taken to her in the tower
studio of Stanford White. where she
is said to have signed it. In this state
ment Hummel swore that Mrs. Thaw,
then Evelyn Nesbit. told him that
Thaw wanted her to sign an affidavit
charging White with having drugged
and attacked her.
She said she told Thaw this was not
true and that Thaw beat her when she
refused to sign. according to Hummel
Notary contradicts Mrs. Thaw.
Prior to reading Hummels testimony
Mr.. Jerome questioned Abraham Sny-
decker. formerly notary in the office
of Howe & Hummel. In the testimony
of the notary the prosecution brought
out contradiction of Eyelyn's asser-
ton that she didn't know what the
affidavit contained. Snydecker declar-
ed that when he witnessed her sigma
ture she told him that she had read
the document and that it was all
true" She then signed it In his pres
ence. he declared.
Among other witnesses questioned by
Mr.. Jerome were Meyer Cohen and
Henry Blaise. eyewitnesses TO the
shooting: Brudi, the fireman who dis
armed Thaw; Paxton. engineer of Mad
lean Square Garden: several police
men, all of whom testified at the last
trial. and Stephen Lindsay. a new fig
ure. who saw White killed. but whose
story had not been told. With the ex-
eeption of the notary, who was not
asked TO testify as to the defendants
all the witnesses decls Ell
Thaw was rational Immediately afteF
the shooting.
Jerome Springs Surprise.
Mr.. Jerome during the day caused a
surprise when il became known that
he would not call any alienists for the
state II was said the district attorney
was content to dispense with expert
testimony and expedite the case. be
cause he would contend in his address
TO the jury that the defense has failed
10 make out n case Of insanity, heredi-
tary or otherwise.
Mr.. Jerome's elimination of expert
testimony from the rebuttal case &C.
easioned much talk among counsel
Based upon his assertions Of last year
that Thaw was an incurable para
noiac. rumOr had il that the prosecutor
might not be tispleased with verdict
Of not guilty on the ground Of insanity
with an ensuing committal Of Harry
Thaw to the Asylum For the Criminal
Insane At Maftpawau.