Richmond planet., 1908-02-01
PLEADS FOR THAW.
Littleton Makos Eloquent,
Straightforward Argument.
JEROME CALLED no GLIEKISTS.
Defense Not Trying TO Prove Accused
Millionaire Sane Now, but Rely on
"haRic Depressive" Insanity
60 Save Him.

NEW YORK. Jan 29.-with all Of
the evidence OF the prosecution and
the defense presented. the second trial
Of Harry X. Thaw virtually has now
ended. The defendants fate viii be
placed in the hands OF the jury prob
ably on Friday.
hfr. Littleton In opening his plea for
the young millionaire prisoner made
an eloquent but straightforward pres
entation OF the facts In his argument
and contended that the prosecution
has 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 II
has placed upon the state in a case
where insanity is pleaded as a bar 10
responsibility for n criminal act. He
contended and asked Justice Dowling
TO carefully instruct the jury on the
point that once the defense has pro-
duced evidence OF insanity II becomes
the duty OF the prosecution to remove
every reasonable doubt OF insanity.
In other words. Mr.. Littleton asked
for an acquIttal unless the Jurors are
thoroughly convinced that every reas-
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.
Mr.. Littleton made no claim OF pres.
ent sanity for Thaw In fact. he could
not. as the experts for the defense
having testified that In manic de-
pressive" insanity. the diagnosis now
applied to Thaw's condition OF mind.
the patient Is very apt 20 have at-
tacks OF increasing frequency and VIC
lcnce.
Thaw was placed on trial a second
time on Jan. last By the trial proper
only eleven court days have been CON
sumed. The first trial lasted three
months and took up fifty-eight court
days
Mr.. Jerome during the day caused a
surprise when II became known that
he would not call any aiienists 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
10 the jury that the defense has failed
TO make out a case OF insanity. heredi-
tary or otherwise.
Mr.. Jerome's elimination OF expert
testimony from the rShattal case oc-
casioned much talk among counsel.
Based upon his assertions OF last year
that Thaw was an incurable para
noiac. rumor had X that the prosecutor
might not be displeased with a verdict
or not guilty on the ground OF insanity
with an ensuing commlttai OF Harry
Thaw to the Asylum For the Criminal
Insane at Matteawan
The district attorneys move not only
gave him an opportunity To attack the
defendants case, but also prevented
the defense from calling the states
experts or last year in surrebuttaI 10
question them as TO their declarations
before the lunacy commission that
Thaw was an incurable paranoiac.
On compromise between counsel for
the people and the defense the district
attorney succeeded in introducing in
evidence the testimony given by Abra-
ham Hummel at the first trial. This
procedure obviated the necessity of a
trip TO Biackwells island by Judge
Dowling, the prisoner and the LAWYERS
TO obtain a deposition from Hummel.
To have the testimony admitted Mr..
Jerome consented to let the will made
by Thaw on the day OF his wedding be
offered In evidence.
Judge Bowling told the jury that as
counsel for both sides would need time
to prepare for summing up. it had been
arranged that the defense should have
all day today. OF any part OF the day,
and that Mr.. jerome should begin his
closing address tomorrow morning.
Il will charge the jury on Friday"
Judge Bowling said. "and give you
the case the same day"