Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1909-08-08
FINAL ARGUMENTS ARE MADE
Jerome Tells Judge that Evelyn Per-
jured Herself.
RIsoNERs COUNSEL FLAYs HER
, MOTHER COMPARES ALIENTsTs
Draws Line UnfavOrHble Against
Those who Testified that Her
son is Dangerous Lunhtic-
Last Day Of Hearing.

WHITE PLAINS. N. Y, Aug. In a
cell at the White Plains jail Harry X.
Thaw awaits the decision as to his sanity.
The hearing in the supreme court In the
habeas corpus proceedings against the state
Of New York ended this afternoon, when
his attorney Charles Morschauser, summed
up his case District Attorney Jerome pre-
coded Mr. Morschauser this morning JUS
tice Isaac n Mills said that he would try
to hand down a decision Thursday next.
The prisoners mother. with her daughter,
Alice formerly the countess of Yarmouth,
and her son and daughter-ln-law, Mr.. and
Mrs Josiah Thaw, will remain here until
Harry Thaws fate IL settled.
Mother Determined TO Fight.
Thaws mother and hrs brother and sister
have not missed a day in court since the
hearing began and Mrs Thaw's statements
show that II this case goes against her
son, she will lose no time in trying TO free
him by other means.
While habeas corpus actions like the ono
just closed are open to Thaw indefinitely,
ne will hang his hopes next upon the state
court OF appeals. An appeal to this tribunal
from a decision of the appellate division,
upholding Justice Mills refusal TO lay the
question Of Thaw's sanity before a jury, Is
now pending.
The addresses Of District Attorney jerome
and Mr. Morschauser today we're alike free
from the outbursts of oratory that char
acterlzed the two homicide trials. The dis
trict attorney was particularly temperate.
Jerome Attacks Evelyn ThaVv.
Only two witnesses among several hun
dred who testified for Thaw at his hear
ings we're picked out for rebuke by Jerome
These were Evelyn Nesbit Thaw and Dr.
Britton Evans, Thaw's chief alienist
Without raising his voice, but in the
frankest language. the district attorney
said that in his belief Thaws wife had
deliberately and wIllfully falsified."
Mr.. Morschauser, in his summing up re-
viewed the evidence more in detail One OF
his arguments was q personal one that
had not hitherto been offered.
IT have heen.-AFrr~ Rbaw's attorney for a
year" he said in substance. "and we have
had a great many defeats. If he had
been as suspicious as has been stated; II
he had any delusions regarding combina.
tions against him, would not he have got.
ten rid OF me7''
Evelyn Thaw came in for condemnation
from both attorneys Mr.. Morschauser said
that the reluctance she expressed to tes-
tify OF Thaws alleged threat to shoot
her was assumed. He said that on the
night before she testified she had con.
suited with DR. Austin Flint in Mr.. Je
rome's office and had formed q combina,
ton with the alienlst against her husband
Mr. Morschauser concluded with a denun
citation OF Stanford White and an appea
for Thaw's mother that left tears on hii
own cheeks
Mother Ignores Jerome.
The district attorneys summary lastet
an hour and thirty-fivs minutes. Mr.
Morschauser talked for two hours anC
fifty minutes. Mrs. ThAw emphasized he
opinion Of Mr.. Jerome and his efforts b.
reading a magazine straight through hi
argument When her sons attorney be
gan, she Laid the pamphlet aside and lis
tened intentiy. She and her son whispered
together, and twice ThAw wrote notes
apparently at her dictation. and passed
them to his lawyer.
Thaw's pale face remained impassive un
der Jerome's oontemptuouS pity and Mr.
MoEschAussrs praise He sat with llstlos
fSoe and limbs relaxed. There was som,
talk Of taking Thaw back to MatteawaI
today. but Justice Mills allowed him t,
remain In the local Jail until his applica
ton Is decided
Thaw's successive attempts 20 obtain hi
release by habeas corpus proceedings hav,
started talk OF a movement to amend tn,
state insanity law, so as 70 define a GER
tain period that must intervene between
such efforts b. patient Of a state asy
lum