The Caucasian. (Shreveport, La.) 1900-192?, 1907-02-05


William Laurence Clark, Author O
Standard Text Books Covering the
Same Subjects
In view of the Importance Of the trial
Of Harry K Thaw for the killing OF
Stanford White and the great interest il
cxcitcs, not only locally but throughout
the country and even abroad. state
ment of the law by which the guilt or in
nocence OF the accused must he deter
mined will be of interest not only tC
lawyers who make no special study OF
criminal law, but to laymen as wei A
statement Of the law Oh - subject has
been procured from Mr.. William l.
Clark, reviewing editor Of the Cyclope-
dia of Law and Procedure, known and
cited as Cyc, and the author of well
known works on the criminal law For
the benefit of our readers who may be
interested in the case and wish to follow
the testimony as ttsis published from day
to day, we here reproduce his statement
He says:
1T would be both improper and un-
fair to the defendant to express any
opinion as to his guilt at this time
Whether he is guilty or innocent must
be determined not on the facts which
have been published in the newspapers
but on the facts as they appear from the
evidence which may he given at the trial
and the question will be decided by the
Jury on this evidence under the court $
instructions as to the law. They can not
convict unless they are convinced of the
defendant guilt beyond reasonable
doubt, and a reasonable doubt as to his
sanity at the time of the killing will re-
quire an acquittal.
With respect to the law there can be
little question. In the first place it is
perfectly clear that the so-called 'un-
written or higher law, in the sense in
which the terms have been used i'll con-
nection with this case, has no place III
the law of New York The innocence
or guilt if one who kills another depends
entirely upon the application of the facts
of the law established by the statute and
judicial decisions of the State. Of course
it is possible for jury to disregard the
law as laid down for their guidance III
the charge of the court, and this is all
there is to the idea involved i'll this use
OF the term unwritterL law but in this
State jurors are not the Judges of the
law, but of the facts only, and under
their oaths they are required to decide
according to the law as given them by
the court. N. Y Code Grim Proc. 4Io
If the law is harsh as applied to the facts
Of any particular case, then the remedy
is by application for executive clemency
People VS.. Silverman, I8I n. Y. 236
Independently of statutory provls-
ions, if sane man Intentionally kills
another, he is guilty of murder, unless
the circumstances are proven to have
been such as to justify or excuse his act
or to reduce ii by reason of provocat1on
to manslaughter and if person lnten-
tionally fires pistol at another, an III
tention to kill is presumed. As it is con
cisely said in the Cyclopedia Of Law and
Procedure, malice is implied in every in
tentonal and premeditated homicide, i
there are no circumstances serving tC
mitigate, excuse or justify the act. q
Cyc. 7o8 Under the New York statute
assuming that Thaw was sane, his kill
ing of White was murder in the first de
gree, unless it was justifable or excus
able, if it was committed either CD from
a deliberate and preneditated design t(
kill, or (2) by an act immlnently dan
gerous to others, and evlncing a de
praved mind, regardless of human lite
although without premeditated desigl
to effect the death Of any individual. n
Y. Penal Code. 1S3 The killing wa
murder in the second degree if it wa
committed with design to effect death
but without deliberation or premedlta
ton N Y Penal Code 1874. While II !
necessary TO murder in the first degree
under the statute, that there shall b
both deliberation and premeditation, II
addition to the intent to kill, all that tn
law requires is that the killing shall no
be the instant result of impulse, and 1t
sufficient if there is some thought AM
reflection on the act, and choice an
determination as the result of such men
tai action People vs.. Hawkins, 100 \
Y 4oS; People VS.. Barberi, I4o n. \
ESQ; 2I Cyc. 726.
Under the supposed facts and cir
cumstances of the killing, it seems clea