The Washington herald., 1908-01-31
Continued from Page one.

there was nothing in what they said 70
show that Thaw was anything but a
weak young man. likely 10 be nervous
and excltable. Everything he did on the
roof of the Madison Square Garden in
dicated that he was sane that evening.
Mr.. Jerome swept aside the faint in the
Thaw family as too remote, and then
said that If Thaw. under great stress
and proYocation. had killed his enemy,
White, after he returned from Paris in
l903 ne might rot have been excused in
the forum of the law. but there was an
other law, and it looked as II Mr. Je-
rome was approving of the so-ealled
higher Law invoked by Michael Dolphin
Delmas at the last trial.
A big crowd turned out to hear Dir.
Jerome. The special grand jury sat
through the morning session in a body.
Although there was no announcement
that Justice Dowlings rule about admit
ting women had been let down, several
came early, and had choice seats. Ce-
ella LOTUS sat with Robert Collier. Bob
HilliaTd. wearing a flower In his but
tonhole. sat inside Of the clerks rail.
Charles Dillingham;. whose name has
been brought into the case, also had a
good seat Col. Lowell Jerome filled a
big chair Richard Harding Davis shone,
and Mrs. Jackson Goursud was accom-
panied by a monocled man. There We're
a few others not identified, but ". +.
Woodend was recognized at once by the
court officers.
Young Mrs. Thaw and Josiah ThaW
were the only members of the family
present. Mrs. Thaws cheeks were very
rosy. and when Thaw came in ne nodded
TO her, and she smiled.
Large Crowd Attends.
The same big crowd that almost mobbed
the courtroom to obtain entrance IN the
morning was there when the doors were
opened after luncheon. Every seat was
taken fifteen minutes before Justice
Dowlng appeared. and. within the rail
every luch OF available space was oc-
cupied by members Of the bar and present
and former members OF BIr. Jerome's
staff including William Rand, jr
Howard Cans, and Magistrate Corrigan
OF the Thaw family only Mrs. Evelyn
Nesbit Thaw and Josiah Thaw were
present
Mr Jerome began by emphasizing the
fact that the question was not whether
Thaw had ever been insane before, but
whether he was insane 0G Madison
Square Roof Garden when ne killed Stan
ford White lie insisted that the testi-
mony regarding Thaw's state Of mind be-
fore that night was too remote TO have q
vital bearing on the issue.
Whether or not the district attorney
before Mr.. Littleton warned the jury q
remember that sneers were not evidence
! had intended TO resort to sarcasm, is q
question. but he avoided recourse 10 thai
| oratoriesl weapon. Nor did he attack thf
| credibility OF any Of the lay witnesses
90 any extent He said frankly that DR.
/ Wells. OF London. was a reputable and
experienced physician, and that he be
Ieved every word of his testimony re
garding the state OF acute mania In which
| he found Thaw in London.
But" he said. contrast this state OF
acute mania when Thaw raved and
/ danced about the room almost naked
with his condition on that night in June
| 1906 Is there one scintilla OF evidenc'
f bearing on his conduct al day long befor'
/ he shot White that makes his condition
/ resemble the one in which DT. Wells
saw him2 The two conditions have M
/ analogy in any way shape, or manner
/ on that afternoon of June ., 1906. IA
could tell heart from q spade when h'
/ played whist with John a. Drake.
/ Acted as sane Man.
rs there anything to show that ID
didn't dress himself. that be didn't orde
dinner at the Cafe Martin? He hImsel
/ said that he talked half an hour viii
/ CIinch Smith on the roof in a most friend
Iy manner. He asked after the shoOtine
n White were dead he said he wanted
TO go TO the police station in a cab L
avoid reporters. In his cell he could de
tect the difference between two brands
Of cigars. Anything in all this Ike tha
acute mania in London in 1899. when h'
danced around his room rsving and half
/ dressed?
The question is not whether this de
| fendant is eTratiC OF a riCkety. eCcen
trio pervert. The question is If he, OF
that roof garden, knew that he wai
| shooting a man whom ne hated and VIII,
wronged him as grievously as one mar
could wrong another, and that his act il
shooting him was wrong"
Mr.. Jerome went on to point out wha
/ he thought were some highly slgniiican
omissions Of testimony made by the de
fense. He wanted to know where wer'
| ThaWs letters given by Miss Nesbit e
Hummel, and which would have showT
the state Of mind Of the writer in late
1903 He wanted 10 know why the testi'
mony OF Mrs. William Thaw told Of No
manlacal outbreaks after he had passed
his youth. He dealt gently with this wit
ness.
You saw his mother on the stand, he
said. Did she impress you. as she die
me. as a truth-telling woman? I think
so think every man Of you was touched
by her sorrow. think nobody thinks sh6
would Ie even to save the son through
whom all during these long years hel
heart has been broken. Who else could
better have told Of irrational acts-yet
how many Of them does she tell of after
the period Of the defendants youth was
passed? 7 think this lack Of testimony is
entitled to weight
Coming to Thaw himself. Mr.. Jerome
said:
Z don't wish TO be understood as say
ing that this defendant did not love that
girl think he did, with a reality ir
striking contrast TO the girl herself. And
so is there anything strange in his being
nervous and restless, and wishing TO die
when this girl he loved had been so foully
wronged? Isn't life full of that sort OF
thing?
Pity for Evelyn.
Save and except the drugging, which
does not commend itself to my judgment
believe that this girl was Wronged, as