The Bemidji daily pioneer. [volume] (Bemidji, Minn.) 1904-1971, 1909-08-09
IhW CASE IN!
y COURTS HANDS
Argu1nentsat Insanity Hear
ing Concluded.
JEROME CLOSE =FOR STATE

JEROME CLOSE F0R STATE
Recites Thaw Family History and De
clares That the Weak Spot Shown
by Members Under Strain Was the
Mind-says Evelyn Nesbit Thaw
Deliberately and Intentionally swore
Falsely on the Stand.
White Plains, NJ Y, Aug. 9.-Clos-
ing arguments were heard by Su-
preme Court Justice Isaac N, Mills in
the application of Harry K. Thaw for
release from the Matteawan asylum.
Each side was confined to one hour.
Mr.. Jerome's turn came first. He
began by saying that Justice Mills
must be perfectly familiar with the
case. Mr.. Jerome said that, there
fore, he would not attempt to go over
the evidence in~detail. ~~
Speaking of the credibility of the
witnesses and their bearing under
cross-examination he said he believed
all did their best to tell the truth ex-
cept Mrs. Evelyn Nesbit Thaw.
II do Think" he declared, that this
girl was deliberately and Intentionally
classifying. That she told her husband
the story of her injury at the hands Of
Stanford White l have no doubt
Mr.. Jerome then passed directly to
the question of Thaw's sanity. The
speaker acknowledged that modern
science did not attach extreme impor
lance to the influence Of heredity on
disease: nevertheless he declared that
this influence must be considered in
assessing the descendants mental con-
ditlon.
He summed up Thaw's family his
tory with the declaration that when
member "broke he or she broke in
their weak spot-the mind. Under
strain they developed imbecility or
epilepsy" ~.
LET me point out now that the
whole Thaw family manifested what
might be called popularity. From
such a stock the average man of the
world would say, without any assist
ance from alienlsts: We'll, you would
get a pretty rickety sort of child out
of that family"
Susie Merrll,'s Story Unrefuted.
Susie Merril]'s story Of receiving
large sums of money from Thaw's at
torneys and his living at her house
with various women, the district at
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. Thaw's love Of the dra-
matte was pointed out by Mr.. Jerome
as a strong characteristic of his al.
legged mania. This desire for the dra.
matte received it's strongest illustra-
ton In the shooting of White, said
Jerome. The district attorney declared
that he placed little reliance on the
testimony of DR.. Britton D. Evans
Thaw's chief alienist, and asked the
court to disregard it.
In concluding his argument Mr.. Je
rome said:
1.-THE situation is about this: Here
is man whom heredity has proven
to be bad; he is a man whose child
hood was that of a highly nervous
sort. We find him marrying this CIR
and there was nothing after the mar
rage to excite his jealousy. We see
him pursuing this idea of injury tC
young American girls"
! Referring to Mrs. Thaw's attack or
him In 1.-THE Secret Unveiled" Jerome
said:
1--WE see in this pamphlet the same
color that runs all through the sons
behavior.
1T seems to me it would not be
safe to turn this man loose until there
had been ample opportunity to sub
NIT him to medical examination from
day to day for long period"
| Thaw's Attorney Speaks.
Attorney Morschauser, for Thaw
began by urging the court to consider
only the evidence produced in tn,
present proceedings and disregard
Thaw's condition prior to. during o.
just after the homicide. He dwell
upon the testimony Of his own alien
lists and attacked that of the opposing
experts, especially DR.. Bakers. I
Thaw had a latent trace, of insanity
he said, the horrors" of Matteawal
would have made 1t evident. At tn
murder trials the incidents of Thaw'
early life were grossly exaggerated t.
show insanity, the speaker said.
similar result might be achieved witt
the boyhood pranks of any man.
Referring to Evelyn Nesbit Thav
Mr.. Morschauser said: -
"Even with the life she brought hin
: Mr.. Thaw was willing to take her an
bring her home, feeling that he Nigh
be happy if this man (Wh1te) had NO
destroyed that which is sacred t
every girl. Thaw with this before hi1
every day and every night started GU
to wreak his vengeance on this ma
and sought to break up that den an
destroy forever Whites power t
wreck and ruin the lives of youn
girls. Mr.. Thaw appealed to Distric
Attorney Jerome. The district attol
ney admitted the existence of sue
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