The Montgomery advertiser., 1908-01-31
THAW'S FATE
WITH JURYMEN
Noted Case Comes to an
End.
JERoME's MASTERY PLEA
There Was . Note Of Fairness and
Mercy.
District Atsorney .Acersed Evelyn Nes-
bit Tkaw'a Story. and Pleaded
fer Her--Denouacca Beta
waite ana Defendant.
JERoME's MASTERY PLEA

New York, Jan, 3e.--wnliam Trav..
srs Jerome. representative of the peo-
pie. made mastery plea today that
justice be done in the case Of Harry
K.4Thaw.
vindictiveness sneers, insinuations,
all were lacking: logic, analysts and
q calm consideration of the facts were
their substitute. II was no blind APP
peal for the vengeance OF the law that
Mr.. Jerome addressed to the jury, but
ever and always there was the note OF
f&lrness, even at times of mercy.
The year that has elapsed since the
first trial had wrought wonderful
change On the prosecutor. No longer
attempting to shield the name OF stan
ford White, he accepted the story told
by Evelyn Nesbit Thaw as true. all but
the drugging--and he made frank con-
fesaion to the jury that the velvet
swings and mirrored rooms OF the stu
dio houses described by the girl, were
indeed q miserable reality. No longer
attacking Evelyn Thaw as skilled
adventures, Mr.. Jerome pleaded for
the girl, because she never had had
chance for any OF the higher cleaner,
sweeter things Of life. The climax
came, however. when Mr.. Jerome de-
nounced both Thaw and White IN one
breath, and classed them as Two oe.
generates uuarreling over womap,
ara the woman, the prosecutor de-
clarad. knew no more--had been taught
~ more by the world--than to play
one against the other, until IN Jeai-
Qua rage. in blindest hatred. In ven
Reance OF Fan undeniably gross wrong
done 70 his wife" Harry InaW snot
and killed the architect.
gTha casa goes to the jury tomorrow
morning and Thaw may know his rate
basore the setting Of another sun. JUS
ffoA bowling will begin his charge -
soon &c court convenes at 1880 O'Clock.
He postponed the reading OF his IN
structlons until, tomorrow In order tnat
the fury might have all day for con-
Alteration Of the evidence hefore being
locked up in the sfufIy little jury room
al the court house for the night.
District Attorney Jerome turned .
willing ear TO the testimony OF fhean-
ity placed before the jury and elnpha-
aiged IL Ia. q number of instances, He
admitted that Thaw had always been
physically weak and that at times his
mind had been unstrung. And while
az no point was there the direct offer
of compromise in the prosecutors
speech, there was notably an indication
that he would not feel that Justice had
been snisdirected II q verdict of some
lesser guilt than murder in the highest
deRree should be the culmination Of
the iury's deliberations. Mr.. Jerome
carefully explained the elements that
enter & verdict OF primary murder, the
penalty OF which Is death, and then he
which he declared were possible under
the circumstances.
Degrees of Murder.
In first degree murder. the Dis
trict Attorney stated the killing must
have been the result Of both intent and
elaboration. In second degree murder,
he said. the intent to effect death re-
manned, but generalization must have
had no part; In granddaughter in the
first degree. Mr.. Jerome declared, the
elements were an overwhelming rage
and fury which compelled the assailant
to shoot without. however, the intent to.
inhtct death. Mr.. Jerome said he could
not see how. under their oaths as fur
ors, the twelve men in the jury box
could go outside OF these three verdicts.
To render verdict of not guilty on the
ground OF insanity, the prosecutor de-
clared II would be necessary, under the
statutes and the decisions of the Court
of Appeals. for the Jurors to believe
Harry Thaw was 80 insane that he did
not know II was a pistol he had in his
hand when he fred with perfect and
deadly aim, three bullets into the body
of his victim; that he must have been
so insane as not to know that the man
he killed was Stanford White. the one
man In the world whom ne hated. and
had q motive for vengeance against;
that he must have been so insane az
not to know that 1t was against the
law to take q fellow-being's life; that
he must have been so insane as not
to know what the police oftcers wanted
with him when he voluntarily sur
rendered himself into their custody and
asked 20 be taken quickly to the station
house with the request that his bro-
ther-in-laW and an attorney be sent
for; and lastly, that he must have been
so insane as not TO know the nature or
quality Of his act or that the act was
wrong.
Lacking in these essentials. the in
sanity of the defendant conceded to
have manifested itself at certain times
had no standing under the law, Par
tial or incipient insanity, which does
not rob the sufferer Of perception OF
the acts he commits has no recogni-
ton of the law.
Coming to the conclusion OF his long
address, which lasted throughou the
morning and afternoon session OF
court, Mr.. Jerome denounced Harry
Thaw in bitterest terms as a Cow
ard, skulking behind the petticoats of
his wife; attempting to shield and
save his worthless life behind her
STwice in his sanity" declared the
prosecutor. che has sat in this court
room and had her bare her shame in
Al Its plIIul all tHc
world. Is such man worthy Of even
the slightest consideration at your
hands?"
Privileged Spectators.
There was a further crush at the
criminals building today TO hear Dis
trict Attorney Jerome make the clos
Ing address for the people. When the
doors were opened the court chamber
was found to BIO already flled with
sneriaIlv privileged spectators Justice
DowiinK was late IN getting down
town and It was some time after the
hour set for convening when he took
his place on the bench.
Thaw were the only members OF the
defendants family present when Mr..
Jerome began at II o'clock. He de-
clared that the case had been handled
by him with some difiiculty as he had
had many other matters Of Importance
to attend to at the same time.
III have at any time lacked in the