The Montgomery advertiser., 1908-01-30
PLEADS FOR
YOUNG THAW
Littleton Makes an Flo
quent Speech.
SCORES ATTORNEY JEROME
Defends Life and Character d
Defendants Girl Wife.
He Made No Attempt to Eaicgize
Whites slayer, Only Asking Just
Consideration Due Any Aver
age Americas Boy.

New York, Jan. 2s.---Msrtin w. Little
ton. chief counsel IN the defense OF
Harry X. Thaw, today asked for the
acquittal OF his client upon the ground
OF insanity, declaring he could not see
how, in the face of the evidence, the
Jury could render any other verdict.
The serious and sincere evidence of
the defense. tending to establish the
insanity of the defendant, Mr.. Iittleton
declared. has been answered only py
the sneers and ins.nuatiohs, Thaw's
advocate asserted. were not the COM
petent proof that the law required. He
repeatedly urged upon the jury to re-
member that In case of this kind.
the burden of proof rests wholly upon
the State to prove the sanity of the
defendant beyond ell reasonable doubt.
Mr.. Littleton warmly defended Eve
Ign Nesbit Thaw against the attacks
Of District Attorney Jerome. He said
he could not understand what she Had
DONE what great crime she had COM
fnftted, considered in the light Of all
she had confessed herself to be, that
the prosecutor should transcend all the
rules OF propriety and decency and at
tempt to destroy her when IN the next
breath he was ready to '"coddIe and
hug and vouch for. the testimony OF
such q scoundref as Abraham Hummel.
the very yeFmin of the New York oar"
Took Up Entire Nay.
The address OF the defending attor-
ney took up all OF the days session,
and District Attorney Jerome is ex.
pected to reply tomorrow. II he should
finish at the morning session. Justice
DowIing will charge the jury during the
afternoon. II Mr.. Jerome's address
should extend well into the afternoon,
however. the case will not so to the
jury until Friday morning. Mr.. Little
ton urged today that there should be
- T. 80 kA.A
any doalb exists in the mind OF the
Jurors. they should dissolve II in favor
Of the defendant and acquit him. He
begged them not TO. be mtsled by the
District Attorney into voting for
verdict OF c2nyfatsou IN Some lesser
degree than that of. primary murder ~
Any verdict of not guilty in the case,
II Is said. viii carry with 1t the as
sumption that Il. was rendered on the
ground OF the insanity OF the defend
ant, whether or not the insanity clause
Is added. The plea of not guilty en-
tered IN the case carried with 1t the
specifications that the defendant was
insane At the time the crime was COM
mittsd.
Mr.. LittIeton's argument was force
full and impressive. He refrained from
appealing to the passions of the jury
men and devoted himself to logical
consideration OF the facts as adduced
in evidence.
He made no attempt to sulogize
Harry Thaw, and he SAID that he asked
for him no more consideration than the
average American boy had q right to
demand of the average American jury.
The speech was crisp with epigrams
and short sentences were filled with the
pitch of logic and the quality Of APP
peal.
interest and 1t was generally conceded
that Mr.. Littleton had left District At
torney Jerome a difficult task.
The demand for seats at the Thaw
trial today so far exceeded the capacity
Of the court chamber, that the police
had their hands full in handling the
disappointed crowds.
Family Hears speech.
For the FIRST time since the taking Of
testimony was begun, Evelyn Nesbit
Thaw had a seat in the court room.
Mrs. William Thaw, the mother, Mrs.
George l.. Carnegie, the sister, and Jo-
siah Thaw. a brother. also were In the
family group. The bar against women
spectators was suspended and there
were many OF them on hand when Jus
tiee Bowling took his place on the
bench. Attracted by Mr.. Littleton's
reputation as an orator. prominent law
yers and men of affairs from all parts
of the country were included in the
court room throng.
IL. was lUsOU o CLOCK WnSn uE. LII
Teton arose and began his plea to the
jury in behalf OF Harry Thaw. Dis
trict Attorney jerome. who made q
point OF remaining away from the court
room throughout the summing up of
Mr.. Delmas last year. was absent. when
court convened today. Assistant Dis
trict Attorney Caravan was present and
took copious notes Of the address of
the chief counsel for the defense.
Mr.. Littleton said that he asked
nothing more than that the jury should
observe in reaching it's verdict, the or
binary trial in an ordinary court of an
American community. He cautioned the
jury to keep clearly before them the
fact that the presumption OF inno-
cence 10 always with the defendant I'M
til he is proved guilty. At some
length, Mr.. Littleton explained the doc
trins OF reasonable doubt.
I'm a case OF this kind" he said,
where insanity is the plea, it Is not in
cumbent upon the counsel for the de-
Tense to establish the defendants in
sanity beyond reasonable doubt, al
though / think / can point out to you
that we have done all of that. The law
places the burden upon the prosecutor
. to prove to you beyond all reasona BILE
doubt that the defendant was sane"
Impressive Presentation.
With impressive strength of pres
entation, Mr.. Littleton reviewed Har-
ry Thaws history from the time OF the
prenatal incident when his mother. in
the middle of the night. put out her
hand in bed to feel the cold features OF
a child who had suddenly died, down
to the day Of the tragedy.
This boy" he said. took on the
broodinR, the very melancholy which
came to the mother that fearful night.
i may be blinded by parttsanship, but.
gentlemen, can't you see with me that
this defense Is nothing born Of an ex-
igency; to see that injustice is done or
that a murder may be covered. but born
instead OF the very history Of this
boy?"
Reviewing the evidence In detail and
picturiuE the devotion of the old
nurses, and school teachers who had
come from afar to give their testt-
mony. Mr.. Littleton said:
Gentlemen. you who look and listen
in sincerity may read in the foot