“The head on which I am now dwelling is, ‘What is the defense that the defendant makes to this formal charge?’ I deem it necessary to dwell at some length on the character of the three persons who figure most in this case. However, much as we may disagree, we come back to the issue: ‘Did he know the nature and quality of his act?’
“‘I did not know it was a self-cocking revolver and I did not know I walked toward Stanford White and I I not know it was against the law of the land to fire the shots.’
“In regard to the girl, we may esteem her, however much or little we may think of her veracity. Nothing can go out to her except our pity. If these things did not occur, if she perjured herself it seems even more that she needs our pity.
“What chance did she ever have in life? Her father died early, her mother led a life of shifting about from place to place. We all know what life on the stage is. We all see some of it. Why do you suppose Garland, a married man, was following this girl about; why do you suppose even Thaw was pursuing her with flowers? This little girl knew something of life before she met Mr. White.
“Counsel for the defense speaks of her fatal gift of beauty. It is ever thus. We are all men of the world and we all pass along the great white way of this city and see its effects daily.
“Why do you suppose Garland was paying her attention? Why was Thaw sending her American Beauty roses? Why did he pursue her even to her home? I don’t wish to speak too harshly of this mother. I will read what she says of Garland.
“‘My mother was not entirely pleased with the relations of Mr. Garland.’
“What were the relations that caused the mother to make objection? They were very poor and the acquaintance of White and Garland was desirable. The girl, you know, was sent to school. The whole situation centered about the girl. It was she who, in the long run, brought about all these occurrences.
“Next time, Mr. Hartridge, that you take things and papers belonging to Evelyn Thaw out of a storage warehouse, take good care that you do not leave behind such a book as this.”
Mr. Jerome displayed a flexible leather-bound book in which there appeared a good deal of written matter. Jerome then raised the diary, or book, and shook it before the jury. Mr. Hartridge objected at this point and said that there was no evidence that he had taken the documents from the warehouse. Mr. Hartridge was overruled by Justice Fitzgerald. Jerome then read the one entry of the diary which had been admitted in evidence. It was: