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Show Prosecuting Attorney Jerome Takes Particular Pains to Call Evelyn a Liar. ATTORNEY FOR APPLICANT MAKES ELOQUENT PLEA Pictures Horrors of the Madhouse Mad-house Prison and Moves Mother to Tears. WHITE PLAINS, N. Y., Aug. 7. In a cell at Whito Plains jail, llavry K. Thaw awaits decision as to his sau-it'. sau-it'. The supremo court hearing in the habeas corpus proceedings against the slate of Now York ended this afternoon. after-noon. Justice Isaac N. Mills said he would try to hand down a decision Thursday next. Mrs. Josiah Thaw, tho prisoner's sister-in-law, was the only member of tho family party not prcsont when court convened. Thaw looked cvou paler than usual. His chair touched Jerome's and he set his features with evident determination de-termination to show no emotion under the storm which ho expected to descend upon his head. Mr. Jerome began with saying that Justico Mills must bo perfect!' familiar with tho case, and therefore- ho would not attempt to go over tho evidence in detail. Speaking of tho credibility of tho witnesses and thoir bearing under cross-examination, cross-examination, he said he believed all did their best, to tell tho truth except Mrs, Evel'n Nosbit Thaw. Calls Evelyn a Liar. " I do think," ho declared, "that this girl was deliberately and intentionally inten-tionally falsifying. That she told her husband the stor' of her injury at the hands of Stanford White, 1 have no doubt. Mr. Jerome thon passed directly to tho question of Thaw's sanity. lie acknowledged ac-knowledged that modern science did not attach extreme importance to the influence in-fluence of heredity in disease; nevertheless, never-theless, ho declared, this influence must bo considered in assessing the defendant's defend-ant's mental condition. Ho summed up Thaw's family history with the declaration declara-tion that when a member "broho" ho or she broke in their weak spot the mind. Under strain they developed imbecility im-becility or epilepsy. "Lot me point out now' that the whole Thaw family manifested what might be called a peculiarity. From such a stock, tho average man of tho world would say without any assistance from alienists: "'Well, you would got a pretty rickety sort of a child of thai family.' fam-ily.' ' Susie Morrill's story of receiving largo sums of money from Thaw's at-torno's at-torno's and of his living at her house with various women, the district attorney at-torney said was undisputed. Thaw's Diseased Mind. Hero Mr, Jerome laid down his notes and recited from memory various wild acts of thoprisoncr, testified to at the Continued on Pagc Threo. FINAL ARGUMENTS IN THE THAW CASE Continued from Page One. former 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 evi-dence of a diseased mind. "No normal mind would want a wife to tell the terrible story Evelyn Thaw told on the stand," asserted Jerome. While tho district attorney spoke Mrs. Thaw read a magazine. Once sho leaned over and made a suggestion to Mr. Morschauser which tho latter noted down. Thaw's love of the dramatic was pointed out by Mr. Jerome as a strong characteristic "of his alleged mania. It received its strongest illustration in the shooting of White, said Jerome. Tho district attorney declared that ho placed little reliance on the testimony of Dr. Evans, Thaw's chief alienist, aiid asked the court to disrogard it. Contrast in Attitude "If a person had come in here from Mars," continued tho prosecutor, "and seon Thaw on the stand he would have realized something was the matter with him. it was unwholesome; it was uncanny. un-canny. I call your attention to his attitude at-titude toward his act. A mau of sound mind would havo said: 'Yes, I killed him, but he did a great wrong to Ihe woman T loved and I hatod him. It was wrong, I know.' " Jerome's voice rose for the first time. Mrs. Thaw laid down her maqazino and she and tho prisoner and his counsel held a whispered conference. Tho district dis-trict attorney went on; "Tho situation is about this: Here is a man whom heredity has proven to bo bad; ho is a man whoso childhood was that of a highly nervous sort. We find him mariying this girl, and there -was nothing after tho marriage to excite ex-cite his jealousy. We sec him pursuing this idea ol" iu.iury to young Amorican girls." Referring to Mrs. Thaw's attack on him in "Tho Secret Unveiled," Jerome snid: Hold Mother Abnormal. "We sco in this pamphlet the same color that runs all through tho sou's behavior. "It seems to mo it would not be safe to turn this man loose until there has been amplo opportunity to submit him to medical examination from da to day for a long period." Jerome finished his summing up at 11:515. tho court having offered no objection ob-jection to tho length of his .speech. Attorney Morschauser, for Thaw, began be-gan by urging the court to consider only the evidence produced in tho present pres-ent proceedings and disregard Thaw's condition prior to, during, or just aftor the homicide. He dwelt on the testi-mouy testi-mouy of his own alienists, and attacked that; of the opposing experts, especially Dr. Baker. If Thaw had a latent trace of insanity, ho said, the "horrors" of Matteawan would have mado it evident. evi-dent. Incidents of Thaw's early Jifc wore grossly exaggerated at tho trials, he said, to" show insanity. , A similar result might bo achieved with tho bo-hood bo-hood pranks of any man. Mr. Morschauser explained tho excitement ex-citement croated in a London hospitnl by Thaw's demand for ice, as follows: fol-lows: "Mr. Thaw was simply ahead of the English. Your honor remembers how when, as boys, wo had a fevor, thoy would not givo us any ico or cold water. wa-ter. Well, tho people in that hospital had tho saino idea." Ho declared although the defendant's lifo was raked with incidents lo prove his insanity at tho trials, thero was a period of "fourteen years during which no erratic acts were iu evidence. Vengeanco on White. Pof erring to Evelyn 's allogod mis conduct with Stanford White, Mr. H I Morschauser said: H H "With this beforo him every day BI1 and every night, Thaw started out to flul wreak vengeance on Whito and sought vKl to break up his don and destroy for- K ever that power to wreck nnd ruin tho lives of young girls. Mr. Thaw ap- Ift'l pealed to District Attornoy Jerome. iHl The district attomej' admitted the ex- iHil istencc of such places, and if he had Ifllfl used the energy in rooting them out II II that ho has in hounding this young II li man, the crime would never havo been HkJ committed." OH Mr. Morschauser criticised Su3ie lIH Merrill and Clifford Hartridge, Thaw's aiH former attorney, who is suing Mrs. HIH Mary Thaw for $100,000. Mr. Mors- NM chanser asked why Hartridgo failed to VH support his testimony by producing tho nll record of money ho alleged he paid UH to Mrs. Merrill. Such a book, said HI MorBchausor, would be of great use in IfliH Hartridgo 's suit if it existed. HH Thaw listened intently to his coun- jH sel's arguments and several times passed him notes, of which Mr. Mors-chauser Mors-chauser made immediate use. Mr, Morschauser declared that jH Thaw's action in changing attorneys jH after his first trial was only prudent and for cause. Then he continued: IH "I've beon attorney for Harry Thaw for a j'car. We've had a great many jH defeats. If ho had had any suspicion regarding his attornej'. or any delu-sional delu-sional idea -of combination against him, wouldn't he havo suspected me?" II H Both Mrs. Thaw and the attorney HH woro in tears when the latter finished HH with these words: a s HH "Within the madhouse, within tho I H den of degenerates, surrounded by crim- 1 H inals of the lowest order 3'ou.put him I H back and if ho is not a mad man ho 1 certainly will bo, and at the same timo I you will crush out tho heart of tho I most loj'al of mothers that ever 1 1 Mr. Morschauser concluded at 3:15 H and the hearing finally adjourned. lH WHITE PLAINS. N. Y., Ang. 7. H Mrs. Mary Coploy Thaw, mother of Harry K.'Thaw. today mado publio a statement in which she compared the testimony given by Thaw's alienists to 81 the evidence given by District Attor-ney Attor-ney Jerome's alienists. Mrs. Thaw H "Mr. Jerome speaks of fourteen alienists. There are but four that ho dare6 place on tho witness stand to IH swear that my son has or ever had any IH incurablo mental trouble and theso IH have no religious feeling about their IH oaths that I know of. Of the fourteen IH ho claims, seven have since sworn that H my son is sane, and, except Drs. Eyans PH and Wagner, ns to their first two visits, BH all of them Drs. Evans. Wagner, XH Graeme, Hammond, Jolliffc, Pilgrim fll and Gregory have sworn they nover saw anv sign of iusnnity in all their personal examinations "of him. Dr. While, called beforo tho commission, in March". 1907, did not testify. However, he is roady to swear to my son's san- IH ity. Of th'o remaining seven. Dr. Ham- H ilton has said too much, and after his jH trickines5 and his offer to 'make it dementia praecox' he cannot help Mr. Jerome. "Dr. Ferris announced on February 4. 390S. that ho 'had never mado a per- IH sonal examination of Mr. Thaw and KH could not givo an opinion as to Mr. VH Thaw's condition.'' HH "Dr. Mabon, I am told, has some BH conscience. I havo been told that Mr. HH Jerome considered Dr. Hirsch his best BH alienist, but my son's exports say that bH Dr. Diefendorff is better. I know that iiH Dr. Diefendorff would not testify against my son now. Dr. Lamb, head H of tho Matteawan institution, refuses IH to swear that my son is a paranoiac, i and Mr. Jerome daro not uso Dr. Bakor flH as an expert, so he is left with just IH four doctors. It is not necessary for me to express my opiniou of Jerome. 1 I simply name the alienists who would 1 go on the stand and swear as ho. wishes. "TI103' are Drs. Hirsch, Pritchard, iH Flint -and "MacDonnld. IH ' 'MARY COPLEY THAW." Eoplving to Mrs. Thaw's statement on the" witness staud Thursday, declar- ing sho did not understand Attorney H Delmas was to get half his fee from Harrv Thaw and tho other half from H herself, Mr. Hartridge, Thaw's former H attorney, produced a lotter written by H Mrs. Thaw to him over throo months boforo tho trial began, which said, iu H H "In order lo gratify my son, and at NH the samo time to make a satisfactory iH arrangement with Mr. Delmas, T think H tho plan wo spoko of, of charging on H Harry's account, which ho considers H fair, and then I to supplement what- H ever is needed to moot Mr. Delmas 's jH claims, will bo tho best." |
