The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-08-07

Wnlte fIdlnSs ~. I, Aug is-Argu-
ments were heard by Justice Mills to-
day in the application of Harry K
Thaw for his release from Matteawan.
Mrs. Josiah Thaw, the prisoners sis.
ter-il.law, was the only member OF
the family party not present. when
court convened. Thaw looked even
better than usual He set his features
with evident determination TO show
no emotion under the storm which he
expected to descend upon his head.
Nh Jerome began with saying that
Justice Mills must be perfectly famil.
far with the case, and therefore he
would not attempt TO go over the evI.
dence in detail.
Speaking of the credibilty Of the
witnesses and their bearing under
cross-examination. he said he believed
all did their best 10 tell the truth, ex.
cept Mrs. Evelyn Nesbit Thaw.
Il do think" he declared, that this
girl was deliberately and Intentionally
falsifying. That she told her husband
the story of her injury at the hands
OF Stanford White. | have no doubt"
U question OF Thaw's sanity.
He acknowledged that modern
science did not attach extreme Inpor.
tance to the influence of heredity in
disease, nevertheless. he declared.
this influence must be considered in
assessing the defendants mental con-
dltlon. He summed up Thaw's family
history with the declaration that when
member BROKE he OF she broke In
their weak spot-their mind. Under
strain. they developed imbecility or
epilepsy.
Let me point out now that the
whole Thaw family manifested what
might be called peculiarly, From
such stock, the average man Of the
world would say without any assist
ance from alienists: Well you would
get a pretty rickety sort of shild out
OF that family
Susie Merrill's story of receiving
large sums OF money from Thaw'e at,
torneys. and Of his living at her house
With various women, the district al.
torney said, was unrefuted. Here Mr.
Jerome laid down his notes. and re-
cited from memory various wild acts
of the prisoner, testified to at the for,
mer trials. HIS alleged attempts at
suicide in Paris, and his proposition
TO commit suicide with his wife In
New York, were held up particularly
as evidence OF q diseased mind
No normal mind would want a wife
to tell the terrible story Evelyn Thaw
told on the stand, asserted Jerome
While the district attorney spoke
Mrs. Thaw read a magazine. Once she
leaned over and made suggestion 10
Mi Morschauser. which the latter not
ed down.
Thaw's love Of the dramatic was
pointed out by Mr.. Jerome as strong
Characteristic OF his alleged mania II
received its strongest Illustration In
the shooting Of White. said Jerome.
The district attorney declared that he
placed little reliance on the testimony
oil DR.. Evans. Thaw's chief aHenist,
and asked the court TO disregard 1t
IF a person had come In here from
Mars continued the prosecutor. "nnd
seen Thaw on the stand, he would
have realized something was the mat
ter with him It was unwholesome; II
was uncanny.
Il call your attention to his act.
man Of sound mind would have said,
Yes. killed him. but he did great
wrong TO the woman I loved, and /
hated him II was wrong, know"
Jeromes voice rose for the first
time Mrs Thaw laid down her mag
azine. and she and the prisoner and
his counsel held q whispered confer
ence. The district attorney went on:
The situation Is about this: Here
is man whom heredity has proven 10
be bad; he is man whose childhood
was that of highly nervous sort. We
IND him marrying this girl. and there
was nothing after the marriage to ex.
cite his jealousy. We see him pursu-
ing this idea Of injury to young Amer
lean girls"
Referring TO Mrs Thaw's attack on
him In THE Secret Unveiled" Jerome
said:
We sec IN this pamphlet the same
color that runs all through the case.
IL seems to me II would not be safe TO
turn this man loose until there has