The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-01-31
DENOUNCED
BOTH SLAYER
AND VICTIM
Accepted the Story of Evelyn
Nesbit Thaw as True, All
But Claim of Dragging.
CONCEDED THAT THAW'S
MIND WAS NOT NORMAL
STILL DISTRICT ATTORNEY JE-
ROME MADE MAsTERLY PLEA
FOR EXACT JUSTICE.

New York, Jan. 30-William TraveTs
Jerome, representative of the people
made q mastery plea today that jus
tice be done in the case of Harry Ken
dali Thaw. Vindictiveness, sneers, in
Situations. all were lacking: logic, an
aiysis and a calm consideration of the
facts We're their substitutes.
1t was no blind appeal for the ven
geanee of the law that Mir. jerome ad-
dressed to the jury. but ever and al
ways there was the note OF fairnes
even at times of mercy.
The year that has elapsed since tho
first trial had wrought a wonderful
and startling change in the prosecutor
No longer attempting TO shield the
name of Stanford White, he accepted
the story told by Evelyn Nesbit Thaw
as true-aH but the drugginS- he
made frank confession to the jury thai
the velvet swings and mirrOred rooms
of the studio house described by the
sirl were indeed a miserable reality.
No longer attacking Evelyn Thaw as d
skilled adveIfturess. MIR. Jerome plead
ed for the girl because she never had
had chance for any of the higher.
cleaner. sweeter things of life.
Denounced Both Thaw and White.
The climax came, however. when Mr.
jerome denounced both ThaW and
White in one breath and classed them
as two degenerates quarreling over a
woman" and the woman, the prOsecu-
tor declared, knew no more-had beea
taught no more by the world-than to
play one against the other until. in
Jealous rage. in blindest hatred, IN
vengeance of AN undeniably gross
wrong done to his wife," Harry Thaw
shot and killed the architect
The case will go to the jury tomor-
row morning, and Thaw may know his
fate before the setting of another sun.
4 Justice Bowling Will begin his charge
- soon as court cOnVenes DIT 1890
O'clock. He postponed the reading Of
his instructions until tom PROV IN or
der that the jury might have all day
for consideration of the evidence be-
fore being locked up in the stuffy little
jury room.
Admitted Thaw's Weak Mind.
District Attorney Jerome turned a
willing ear TO the testimony of insan-
ity and emphasized il in a number of
instances. He admitted that Thaw had
always been physically weak and that
at times his mind had been unstrung.
And while at no point was there the
direct offer of compromise I'm the pros
ecutor's speech, there was notably an
indication that he would not feel that
justice had been misdirected if d YER
dict OF some lesser guilt than murder
in the first degree should be the cul-
mination of the Jury's deliberations.
Mr.. jerome carefully explained the
elements that enter into a verdict of
primary murder, the penalty of which
IS death, and then he pointed the way
10 two other findings which he de-
clared were possible under the circum-
stances. In first degree murder. the
district attorney said, the killing must
have been the result of both intent and
elaboration; in the second degree MUIR
der. he said the intent to effect death
remained. but generalization must
have had no part: in manslaughter in
the first degree. he declared. the ele-
ments were an overwhelming rage and
fury which compelled the assailant TO
shoot without, however, the intent to
infiict death. Mr.. Jerome said he could
not see how, under their Oaths as jur-
ors. the twelve men in the jury box
could go outside of these three YER
diets.
insanity Under the Law.
To render a verdict of not guilty on
the ground of insanity, the prosecutor
declared, il will be necessary under the
statutes and the decisions of the court
of appeals for the jurors TO believe
Harry Thaw was so insane that he did
not know it was a pistol he had in his
Continued on page 2.