The Birmingham age-herald., 1908-01-30

uzs...z.zzzz=u.zu.z.-zzzzzun ton at Washington, who had known Thaw for 26 years, and who told of his irrational periods He said the district attorney was at a loss to am swer this testimony and did not even l try a sheer or insinuation against it. MT. Littleton then came to the point | of Thaw's life where he met Evelyn | Nesbit He condemned District Attor ney Jerome for his treatment of the | young woman on the witness stand. T l don't know what the judgment of you | gentlemen may be as to her morals as to any reprehensibility of conduct either with Stanford White or Mir. 1 Thaw," he proceeded, but the district attorneys manner toward her, in my | judgment, exceeded anything she de- | served. There always was the note 1 of savagery and bitterness in his ex- animation of her and in his comments upon her before the jury which was not justified by the facts of this case. | It has seemed to me that MT. Jerome | has been more intent upon destroying ] this young woman than proving that l Thaw was sane.
 Jerome Criticised. If I were the district attorney and | had no other testimony to destroy q young woman with than that of a mis- erable little convict, the very vermin of the New York bar, I would hesi- tate long. time before asking twelve | of my fellow citizens to hear the testi- mony of a perjurer whom I convicte1 myself.
 This girl was brought up in poverty and was put upon the stage at 15. She | told you of her experience. What was I strange about it? Haven't you heard of such things before? Thaw came into her life and loved her. He proved his love in the greatest way any man can. With all that the district attorney | showed you about her, what right did | he have to bend all his activities against her; vent all his bitterness upon 1 her and forget all his duties as to prov | ing the sanity of this man." l Mir. Littleton then cited the many 1 letters introduced in evidence as prov
 ing that Evelyn Nesbit told Thaw her
 story In Paris just as she told it upon | the stand. When she returned from
 Europe in 1903 she encountered White,
 who began to pour poison into her
 ears and who took her to Hummell-- | of all the people in the world-and had an affidavit prepared. It was signifi- | cant, he said. that Hummell and White | thought it necessary only to photo- l graph and present that part of the affidavit which disclaimed Whites re- l sponsbiity for assault upon the girl. It showed the affidavit was prepared solely to protect White against the time when she would return and un- dertake action against him. No Word Against White. 1 T have no word to offer against Stan l ford White; if all his works and charity
 were set up here l would be the last to tear them down, but l say to you with l fact that he joined nd iGs with Abe IIum- mell and gave this girl no chance to pro- 1 tect herself.
 This Hummell affidavit is all they have against her. They poured out their bit i terness upon this dlifeftdnate creature, i who, whatever her Sins may have been, i has borne her sn re in ihe fight with 1 fortitude that has challenged the a,lr'il a. 1 ton of anybody witL q spark If manrood : in his breast.
 ''They will te.i she was immoral with l Thaw Let him wt, is without sin cast 1 the first stone. Why. of all in the com- | munity should be picked out and held up to scorn this girl whom Thaw loved and who consecrated that love wi;h the sacred rites of marriageY'
 MT. Littleton asked that Mrs. Thaw be
 judged only by what had been proved
 
 she was reared. without tha protecting hand of father or brother lifted once in her behalf
 MT. Littleton said Thaw's letters to An thony Comstock, his will and the codici1 all were evidence of the mental disorder. In the Comstock letters there was no note of revenge, but rather the note of disor- der, the belief that he must take up the grievances of all the young women who
 had Twenty-fourth street studio house.
 Events of Tragedy.
 Coming to the events immediately pre- cedng the tragedy, MT. Littleton said there was increasing evidence of q maniacal outbreak, but nothing to indi- cate the contemplate of murder.
 As to James Clinch Smiths testimony concerning Thaw's rational conversation on Madison Square Garden, Mfr Littleton said it was unreliable to say the least, but could be pardoned because of the feeling of bitterness entertained by the brother in-law of White. Mr. Littleton called at tention to the fact that Mir. Smith ad-
 mitted on the stand that all the while he was on the roof garden he kept his eyes on Thaw.
 "Why?' demanded the attorney. Be cause Thaw was normal in appearanc or because there was something about him that excited attention or apprehension?
 Mir Littleton painted a vivid picture of Thaw's irrational rawlings in the station house after his arrest and his complaint of hearing little girls. He ridiculed the testimony of the men called in rebuttal, and who said rational every time they were asked a question, but never once painted the picture of the man as the wit nesses for the defense had done. The po- lice sergeant who saw Thaw seven min utes said he was rational.
 Against that sort of testimony, said Mir Littleton, we gave you the testimony of two doormen who had him in charge for several hours, who tell you he was absolutely cf91y.
 Coroner's Jury.
 MT. Litteton also alluded to the testl- mony of the coroners jurymeA who saw Thaw at the inquest the day following the tragedy and who swore Thaw was irrational. MT. Jerome attempted to abuse or terrify some of these but he failed, commented the advocate.
 Referring to the expert witnesses, Mir Littleton said they were giving the jury the benefit of their medical study. but had no more facts than the jury itself to judge from.
 MT. Jerome probably will say there is no significance in expert testimony" he