Connecticut western news., 1908-01-30
SUMS UP FOR THAW
Counsel For Whites Slayer Asks
 For an AcquittaL
JEROME SPRINGS A SURPRISE

Gets HummePs Famous Andavle Be-
 fore Jury and Introduces No Alien
 ists to Controvert Testimony of
 Prisoners Experts.
 New York, Jan. 29.-Martin W. Lit tleton, chief counsel for Harry K. Thaw, began his plea for the million aire slayer of Stanford White imme- diately after court opened today. Thaw listened attentively to every word said in his behalf and made notes of some of the telling, points in MT. Littleton's argument.
 The latter contended that the prose cution had failed to shake the case of insanity built up by the defense. He again and again called attention to the law and the burden of proof it has placed upon the state in a case where insanity is pleaded as a bar to respon- sibility for a criminal act. He con- tended and asked Justice Bowling to carefully instruct the jury on the point that once the defense has produced evidence of insanity it becomes the duty of the prosecution to remove every EedSOudUlc uOuUL Ol lLlSdully.
 s Asks For an AcquittaI.
 In other words, MT. Littleton asked for an acquittal unless the jurors are thoroughly convinced that every req sonable doubt as to Thaw being in- sane at the time of committing the homicide has been removed by the witnesses in the states case a.
 The entire day has been allotted to the defense. Tomorrow morning Dis trict Attorney Jerome will sum up for the state. He has promised to be brief, and if his address should not extend beyond the morning session Justice Bowling will hand the case over to the jury on Thursday afternoon.
 The rival lawyers took a short cut in presenting all of the evidence to the jury. Each gave a point to win one, and the result of the compromise was an arrangement whereby each claims to have scored a point. .'.. .
 The agreement between counsel put in evidence the celebrated Hummel affi- the night he married Evelyn Nesbit. The defense had kept out the affidavit and the prosecution had barred the will Each side wanted the papers given to the jury, and it was not until MT. Jerome made it evident that he would force an examination of Hum mel in the penitentiary hospital at Blackwells island that way out of the difficulty appeared and both pa cnr fhn de
 Evelyn Swore Thaw Beat Her.
 After the agreement between counsel concerning Hummel's testimony and the Thaw will MT. Jerome himself read the testimony of the lawyer to the jury. Hummel in his story last year, which was read, told of preparing the afti- davit for Evelyn Nesbit, which was afterward taken to her in the tower studio of Stanford White, where she is said to have signed it. In this state ment Hummel swore that Mrs. Thaw, then Evelyn Nesbit, told him that Thaw wanted her to sign an affidavit charging White with having drugged and attacked her.
 She said she told Thaw this was not A1 uC dhu llldL l hd W UCdL ACI WuCu SuC refused to sign, according to Hummel.
 Notary Contradicts Mrs. Thaw.
 Prior to reading HummePs testimony MT. Jerome questioned Abraham Shy decker, formerly a notary in the office of Howe & Hummel. In the testimony of the notary the prosecution brought out a contradiction of Evelyn's asser- tion that she didn't know what the affidavit contained. Snydecker declar- ed that when he witnessed her sigma ture she told him that she had read the. document and that it twas all true" She then signed it in his pres ence, he declared.
 Among other witnesses questioned by MT. Jerome were Meyer Cohen and Henry Blaise, eyewitnesses to the shooting; Brudi, the fireman who dis armed Thaw; Paxton, engineer of Mad ican Square Garden; several police men, all of whom testified at the last trial, and Stephen Lindsay, new fig ure, who saw White killed, but whose story had not been told. With the ex- ception of the notary, who was not asked to testify as to the defendants condition, all the witnesses declared Thaw was rational immediately after the shooting.
 Jerome Springs Surprise.
 MT. Jerome during the day caused a surprise when it became known that he would not call any alienists for the state. It was said the district attorney was content to dispense with expert testimony and expedite the case, be- cause he would contend in his address to the jury that the defense has failed to make out a case of insanity, heredi- tary or otherwise.
 Mr. Jeromes elimination of expert testimony from the rebuttal case oc- casioned much talk among counsel. Based upon his assertions of last year that Thaw was an incurable para noiac, rumor had it that the prosecutor might not be displeased with verdict of not guilty on the ground of insanity