Show THA THAW W Will PLEAD INSANITY INSTEAD Of N LAW L of f a eons Million ire Prisoner ire Are M Preparations e for His Defense Des De- in Second Tri Trial 1 This f fall il His Wife I vel n Is as Dus Busy Too When Harry Kendall endall Thaw faces the second jury this fall which will be asked to too decide what punishment if any the law will inflict on him for shooting Stanford White dead on Madison l Square roof garden fewer tears will be shed than d during ring Thaws Thaw's first trial The reckless I young spendthrift will not not ask his pretty wife to use her bC bewitchery lY again to soften the jUl jurors jurors' rs' rs hearts on a plea of the unwritten law This time the lawyers of Thaw will try to prose plo e that the slayer of Stanford White was insane when he did the killing The flowery Delmas who tore human hearts to shreds with his eloquence dUr during ug the fir first t tr trial tl will not be in the courtroom this fall when Thaw puts his his fate fate in the ke keeping keep keep- ping p- p ing of tw twelve ve men New attorneys will viII represent th the defense NEW YORK AUG 28 28 PREPARATIONS FOR THE DEFENSE OF HARRY HAP HAR RY KENDALL THAW IN THE SECOND SECOND SEC SEC- SECOND OND TRIAL FOR ins HIS LIFE HA HAVE VB ACTIVELY BEGUN AND MARTIN W. W LITTLETON THE NEW CHIEF COUNSEL AND DANIEL OREILLY TH THAWS THAW'S PERSONAL ONAL LAWYER IT IS UNDERSTOOD HAVE COME cOlm TO AN AGREEMENT THAT WILL MAKE TH THIS S sE SECOND oN TRIAL Y DIFFERENT DIFFERENT PROM FROM THE FIRST FIRST WHEN THE TH CASE CABE CLOSES THIS THIS' TIME SAID LAWYER OREILLY I I THINK YOU WILL FIND THAT THAT- THERE WILL BE DE NO DIVISION OF OPINION IN THE JURY BOX I THINK YOU WILL FIND THE TWEL TWELVE VB MEN MARCH l BACK INTO THE COURTROOM WITH THE DECLARATION DECLARATION DEC DEC- THAT HARRY THAW WAS INSANE WHEN HE SHOT STANFORD WHITE AND IS THEREFORE NOT TO BE HELD AC ACCOUNTABLE COUNTABLE FOR THE TRAGEDY This is all Mr 0 OReilly Reilly will say on the subject But it It is is' almost a a. certainty that when H Harry Thaw goes goes Foes to trial again the unwritten law law will play a mu much h more moro subordinate part than it did the thelast thelast thelast last time There will be little or no play made mad r to gain the jurys jury's sympathy other than it may naturally be gained gamed by bythe bythe bythe the testimony to which the jury listens particularly of course to the piteous I tragic story that young Mrs Thaw has I told and will wilI tell again the again the recital of the ruthless ruthless' ruin that Stanford White wrought upon her of her painful confession con con- confession to Thaw at st the time when ho ask asked d her to be bo his wife and of the mental suffering that Thaw Thaw evinced and which finally caused him to take Whites White's life Evelyn Helps the Defense Mrs Evelyn Nesbit Thaw continues s sto to take an active part in the preparations preparations preparations for the defense of her husband at the se second ond trial She is in almost daily consultation with Thaws Thaw's lawyers lawyers law law- lawyers seems remarkably cheerful regarding re regarding regarding re re- garding of the coming trial and keeps up her visits to her prisoner prisoner- husband in the Tombs Delmas' Delmas plea of dementia Americans Americana Americana Ameri Ameri- cana cans will be oe be forgotten Instead Thaws Thaw's a lawyers mean to conduct conduct con con- duct the battle attIe strictly alon along legal lines to lines to go into court declaring that Harry Thaw deserves exoneration because because be be- cause he ne was insane when he killed White and for that reason alone Harry Thaws Thaw's defense regards the slighting of this phase of the defense in the last trial as s having been wholly responsible for the fact that a majority of the jl jury ry were willing to v te forthe forthe for forthe the young millionaires millionaire's conviction Will Be Jle a Strong Card At the outset it will be maintained that never in any case where a man an has asked to be excused for the taking I of human life on the ground of mental irresponsibility Has there existed a stronger more convincing ing array of circumstances cir cir- to show a mans man's mental and legal irresponsibility By moving and sharply along lines of technical proof of insanity the defense will have a big advantage over District Distri t Attorney Jerome and his force of 01 alienists alienists' at the coming trial All the prose prosecutions prosecution's ution's alienists have expressed themselves themselves some some officially and some otherwise otherwise otherwise-as as believing that Thaw at the present time is a para para- On tho the first trial they all al rara- rara admitted admitted ad ad- that they believed him insane when he shot White But the they made a distinction in the matter of his ity tty They swore swore that they deemed him I medically insane but Wt not le legally ally of un UD- unsound unsound un- un sound mind The Tho difference in these conditions as elucidated at the former trial was that some insane men have left of their reasoning powers a knowledge of the difference between ri right ht and wrong If one does not know this d difference tl tHen en enone one is le legally il insane sane How Experts Reasoned Jerome's Jerome experts d declared lared that Thaw while a victim of paranoia nevertheless less very well wen the nature and quality of his act when he hb shot bullet after bun bullet t into Stanford Whites White's 1 body Thaw they de declared lared had given himself himself by reason of gf a a. a diseased mind ii a false notion tio of f the extent of the wron wrongs s that he be had suffered and he had owin owing to his condition decided to take th f jaw w into his own hands But in makin making this decision and carrying car car- carrying arr ar- ar r it into deadly execution he was f fully folly ny c capable pable of knowing at the time that his act was contrary to law law law- tl that at he was committing a great moral and legal wrong in destroying a human l life e. e Op the next trial the defense will force the admission out of every expert expert eXpert ex eX- pert Of the prosecution to the effect that he believes that Thaw was ms medically insane insane in in- sane san sane at the time of the commission commissi m of the killing Having done this and established established es es- their heir own proof of insanity they will win naturally be In n a very strong pos position tion They will simply simPY demand that the jury consider well the advisability of destroying a a. human life merely on a ab b splitting hair contention the contention the difference in scientific minds between medical I and andl l legal g-al g insanity To 10 admit that a man is insane that insane that his brain is diseased diseased and and then attempt at at- attempt tempt to define the exa exact t condition of this diseased brain at the instant of its possessor committing an act of terrible terrible ter ter- ter violence in respect to its legal accountability will wiIl be declared by the defense to be little short of making makinE theoretical experiments with a man mans man's s life This f will win be the point upon which h I Martin W. W Q Littleton will center the whole force of his logical eloquence This will be the point upon which the defense will make its strongest effort To declare Thaw insane in one breath and to call him accountable for his hig hisa a actions t ons in the next will be denounced as unjust For or a jury to convict on such declarations no matter how eminent eminent eminent emi emi- nent the authorities that make them will be denounced as a dangerous and wrong thing to do And indeed one can imagine th the next Thaw jury to be strongly impressed impressed impressed im im- im- im pressed by y su such h an appeal In the former tn trial l the defense seemed so fearful that to harp too strongly on an insanity plea might mig bring about the call for a commission that would land their client in Mattes Mattea- wan van that half balf the time in the examination examination examination examina examina- tion of the experts the they seemed bent benton on proving that Thaw at no time save at the tho very instant Of f his act had been insane |