New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-08-08
THAW CASE REVIEWED
corNSEL ON BOTH SIDES
SUM UP.
,,-o,re and MorschauSer Speak
SFghtingly of Mrs. Eoelyn
Thasc's Testimony.


e,s, arguments for and against the
-, .,ee ~ Harry X. Thaw were made yes
-, IN the supreme Court at White Plains
-. 1ustice Mills. who has announced that he
~, ..,5er decision in the case next Thurs
..,rning. Thaw himself spent the quetest
%. :, ,be many thar have been consumed in the
90. s-sun out fight 20 get him out OF Mattea-
Ee listened with as much calmness 10
.,,.,-.cc, Attorney Jeromr's emphasis Of his rea-
uby the SLAYER Of stanford White should
=. 10 nerrnitted 10 be at large as 10 his own
,,-,s last appeal for his restoration 10 lib
erty. g.. I'll -
-,.,e6ne days OF his trial he made only Few
I.,s 20 make suggestions "a his counsel.
=, ,be end Of the day he expressed himself con-
-, that District Attorney Jerome had failed
!. nrove that he was suffering from delusions
80 favorable issue for himself Of the pres
-, babeas corpus proceedings.
ro,b tbe LAWYERS made careful review Of the
~, features II the evidence that has been
,,oo-norated in the record, District Attorney
r.-on,e taking Just about an hour and half OF
-. summing UP and Charles Morschauser not
mite an hour longer. The District Attorney,
1bo WAS the 6rst 10 speak, prefaced his re-
,rs-ks by expressing his belief that none Of the
witnesses who had been called at the various
,-isls and hearings would deliberately and will
univ lie with the exception Of Miss Neshit, or
,.o,ng Mrs Thav' an opinion 10 which Mr.
worschauser later gave his assent Mr.. Jerome,
v.ose admiration for Or BIitton ID. Evans. one
n. Thaw's aliensts, has never been Of the deep
est did. however, question the character of the
.rrsinstormr experts evidence and even sug-
sested that his testimony ought TO have sub
sEntia confederation.
DISCREDIT EVELYN THAW
The story of Evelyn Nesbit Thaw. as told al
me trials Of Thaw for homicide. Mr.. Jerome
characterized as II the same sort as the stories
of other girls who assert they have been
se6uced MI Morschauser referred 10 her AS
sumed coquettish way Of saying I don't want 10
testify 10 that, YOUR honor meaning the al
legged threat II Thaw 90 kill her when he got out
Of MatteaWan whereas the night before she had
been comforting with Mr.. Jerome and DR. Austin
Flint and trying 10 aid them TO keep Thaw in
the insane asylum.
In his argument AIR. Jerome traced the life %
ThaV the handicap he labored under due TO the
faint o: insanity in his family his mothers weak
and nervous condition prior 10 his birth, his
early Illnesses and signs Of abnormality, his des-
ultory habits az study and broken up schooling
Especially he referred 10 his strange conduct
DIV. LII
Penn He pointed out the exhibition OF con-
slant signs ~ sexual alteration throughout
ThaV's life BIS desire 10 be the central figure
and his welcoming Of prominence in situations
the very thought Of which would have been
Stunned by the normal man. He referred briefly
90 the various unsavory stories Of ThaN's cruel
treatment OF young girls and to his fanatical
opinions that il Was his duty 10 see that young
and innocent girls were saved from the clutches
Of Stanford White and men Of his supposed uk
Especially he emphasized the continuance %
the decisions that the architect was all that he
Thsw, had been told ne was. that White and his
friends had made efforts 10 90 him bodily injury
and. falling that. 20 send him TO an insane asy-
lum, and his positive refusal TO talk with ply
s.1ians ar Matteawan or 10 submit 10 a fair ex-
animation az the hands OF alienists.
JEROME MENTIONS PAMPHLET.
He pointed ont that in Thazy's compliance IN
the Issuance Of the pamphlet by his mother he
showed he stiu believed he was being bounded
by blackmailers and perjurers working hand In
hand with companions Of stanford White MI
Jerome also dwelt at length on the evidence
submitted 10y the various alienists examined as
70 ThsVs present and past irrational state. In
WORD his opinion was that Thaw had been
was and always would be subject TO another vio-
lent outbreak such as that which caused the
killing ~ stanford White il subjected 10 any
great stress
After paying his respects 10 Mrs. Evelyn Mes
BIZ Thaw. Mr.. Jerome declared he had not the
slightest doubt thar Thaw gave entire credence
70 the story she told him Of her treatment by
White, which she later repeated on the witness
stand Apart from his killing Of White, said
The District ATTORNEY the very fact that he did
believe the story was sufficient evidence Of the
mental status Of Thaw While he said il was
true that insanity might develop in families
without hereditary faint, the word Of the alien
lists, especially Dr. Macdonald. showed he be
heved. that paranoia was most likely To be
supernposed on minds that were Of tainted
stock such as that from which Thaw sprang.
After reviewing the cases 81 epilepsy and feeble
mindedness IN Thaw's family history. he de-
clsred that even the average man would say
You cannot get a very healthy child from that
stock
ABOUT MRS. MERRILLS TESTIMONY.
Speaking q the testimony Of Susan Merrill.
he said that there ran all through the case
scnething that was quite in keeping with the
heurorc character Of Thaw and with the rest
o. the evidence. He cited the alleged beating
~ Ruth Lambert IN Paris and Of Ethel Thomas
IN New York. Of a boy In Pittsburg and another
N London. Then there was the incident Of
Placing girl IT, q hathtub fun Of scalding
water. All these things seemed 10 amuse Thaw
ts'ner than otherwise, and indicated 10 Mr..
'efone that Thaw's mind was always bearing
upon sexual subjects
"fs. Merrill he said was undoubtedly dis
reputable and kept 4 disreputabIe house. but
e Tact remained that Thaw visited there un-