The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-01-31
Closing Noted Case Sec.
ond Time. Urges That
Justice Be Done.
THAV SHOT
in lJEAL Gus RAGE
Picks to Pieces the Pleas Of In
sanity No Longer Shields
Name Of White, Pleads for
the Young Wife, Who Has
Never Had Fair Chance.
Denounces Prisoner.

NEW York. January so.-wiiliau,
Travers jerome, representative OF the
people. made nasterlyt plea to-day
that justice be done In the case 8of
Harry Kendall ;Thaw. Vindi.tiveness,
snecrs. instnuations. all were lacking:
logic analysis and calm considers
ton, OF the facts were substituted. 1t
was no blind appeal. for the vengeance
of the law that Mr.. Jerome addressed
to the Jury. but ever and always there
was the note Of fairness, even at times
OF mercy.
The year that has elapsed since the
first trial had wrought afwonderful a
and startling change In the prosecutor.
No longer attempting to shield the
the story told by Evelyn Neshit ThaW
as true-all but the gging-and e
made frank confession to the Jury that
I the velvet swing s and nlirrored rooms
of the studio, as described by the girl.
were indeed miserable reality. No
longer attacking Evelyn Thaw as q
skilled adventurcss. Mr.. Jerome plead
ed for the girl because she never he'd
had a chance for. any OF tfle higher.
CLEANER. sxeeter things Of lite. .s8.
The climax came. however when Mr..
Jerome denounced both Thaw and
White In. one breath, and tclassed them
.'as two degenero tes qunrreling over
woman and the women. the prose.
cutor declared, knew no more, had
been taught no more by the world
than to play one against the othel
until in Jealous rage. In blindest rage,
in vengeance OF "an undeninbly; gross
wrong done to his wife" Harry Thaw
shot and Killed the architect.
The case goes to the Jury to-mor-
row morning. and Thaw may know MS
fate before the setting OF another sun,
Justice powling will begin his charge
as soon as court convenes at 1880
o'clock. 5,,3 III SIS
Suggests Three Degrees.
District Attorney Jerome turned q
willing car to the testimony of In
sanity placed before the jury. and
emphasized IT. in a number OF instances
tIe admitted that Thaw had alwayi
been physically weak, and that at
times his mind had been unstrung,
And while at mo point was there the
direct offer OF lcompro omise In the pros,
ecutor,s speech. there was not ably an
indication that ,he would not feel that
Justice had been nisdirected II yer,
slfct OF some lesser gailt than murder
n, the first degree should be the cul-
nlination Of tho jury's deliberations.
Mr.. Jerome carefully explained the
elements that enter into Il verdict OF
primary murder, the penalty of which
lis death, and then pointed the way to
two other findings which he declared
possible under the circumstances. In
first degree murder, the district attor-
Eney stated. the killing must have been
the result of both intent ndydelibera-
Ition; in second d gree murder: he said.
the intent to effect death remained,
lbut premeditat tlonf must have had no
part; in mansfaughter In the first de-
| gree. Mr., Jerome declared, the de.
ments were Overwhelming which COM
PEELED the assailant to shoot. without.
however, the intent to inflict death.
Mr.. Jerome said he could not see how,
under their oaths as jurors the twelve
men in the jury. box could go outside
OF these three verdicts.
His View or Insanity.
To render aGverdict OF not guilty m
the .ground OF insanity, the prosecute,
declared. it would be necessary. under
the statutes and the decisions Ofathe
| Court OF Appeals. for the jurors to be-
lieve Harry Thaw was so Insane that
he did not know It was a pistol 7he held
In his hand when he tired with per.
feet and deadly aim three bullets into
the body Of his victim;S that he must
have been so insane as not to know
that the man he killed was. stanford