The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-01-29
LittIeton Asks for Ameri-
can Verdict From an
American Jury in
Summing Up.
School Teacher Wrote
That the Boys Brain
Was Trembling in
Balance.

NEW YORK, Jan. 2s.-Steering en-
tireIy clear Of 'dementia Americana"
gld other rhetorical pyrotechnics, Mar
tin w Littleton today made his plea
20 the Jury which win decide the pun
ishment TO be meJed Harry Kendall
Thaw, slayer of Stanford White.
LittletOns plea was d masterful ar
gument, coached in direct terms and
delivered in an emphatic and impress
sive style. It was plain insanity plea,
with no other argument advanced than
that Thaw could not be adjUdged guilty
of murder because of his mental incOm-
potency 81 the time he killed White
Occasionally the speaker sneered at
the methods pursued by District At
torney Jerome during the trial. but
for the most part his argument COM
prIsed "A review OF the evidence and the
development Of its worth. He combat
ed absolutely the insinuation Of the
State tnat the defense OF insanity was
picked by him as q sUbterfugc and
only intended for use TO save the de-
fendaut.
LittIetor had a brilliant and attentive
audience. Not a single inch OF unOC-
cupied space could be found inside Of
the courtroom, and some 500 spectators
were turned away because of lack of
room.
Thaw Very Nervous.
Thaw himself was extremely nervous
during the argument Across the court
room. where ne could easily see them
without turning his head sat his young
wife side by side with her sister-in-
law. Mrs. George L. Carnegie. and his
wasted, old mother. Sitting bolt upright
iu her C~alr. szr face hard set and
.--ay.
ness 20 every word.
Evelyn TbaW and her sister-in-law.
sat absolutely uHmOVed, with their
faces utterly eNpressiouIeEs as Littletgn
marshaled his facts for the jury's ben
eft
The jury followed IdttIeton intent
ly. but never for single second was
there the slightest expression Of ap-
ProvaI or disapproval of thei- steTn-set
CDuntcuances-
LittIeton Begins Argument.
Mr.. LIttIeton began by congraulating
the jury on the fact that their Iabors
would soon be over and paid a tribute
to Justice DOwling's fairness. declaring
his judicial action more than anything
else had been responsible for the quick
ness with which the evidence has been
completed.
The defendant here stands charged
with murder IN the first degree" con
tinued Littleton, and we have in
terposed a plea OF not guilty. The law
permits us 20 set up in our defense in
sanity. This we have done The bur
den OF proof In this case gentlemen.
IS in every instance on the prosecution.
Not only must IL show that ne w1llfuIly
and feloniously deliberated on the muir
der, but il must also show that he alb
solutely knew the nature and the char
acter Of his acts
Here Ldttleton took up the question
of reasonable doubt. He declared that
the action Of the prosecution in indict-
Ing and placing the defendant on trial
must not be considered by the fury.
This defendant is entitled to every
presumption of innocence" ," numbered
Littleton- An American verdict from
this American jury is all that we want
gentlemen. We believe you are con
yinced from the evidence that this de-
fendant was not Of sound mind when he
killed Stanford White. The prosecution
was compelled to prove he was sane az
the time OF the killing, but we are not
compelled TO prove that he was Of un-
sound mind.
Pleads Heredity.
1T has been said by great writer
that heredlty IS the first great cause of
l show you that this defendants ann.
and uncle on both sides. the maternal
and paternal, were insane. YOU will give
heed TO this great law of heredity."
LttIeton then took Up Mrs. William
Thaw's evidence. From it he argued
that the defen54nt had been mentally
uosound practically from birth
We have not invented any defense %
n, . zl-
men to take into consideration rhese
fundamental rules OF organic life and
say If this prenatal influence is not re-
sponsible for the shadOwing of this
boys life"
Sketches Thaw's Life.
In direct short, sharp sentences. Lit
tleton sketched the early life of Harry
Thaw from three months until he finally
learned to talk. at the age Of seven
years. The nervous spells then. he de-
clared, showed cOnClusively what wss
to be expected in later life.
THE footprints of that boy" he de-
clared. marked the later course Of the
man"
dress with rapt attention. Every eve
was fastened upon him. They follow
al his every word and were apparently
moved by his eloquent argument. The
pleader went on:
will you say that this was a sui
len. mischievious boy who was LAYING
a foundation for a bad career2 His
teacher has told YOU that she knew
that punishment was not what he
needed She told his mother BE careful
az this boy for his brain Is trembling
Continued on Eleventh Page)
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