Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1907-04-17

the nature and QualIy OF the act is
present no man must commit a crime
if he would escape the consequences.
IF he cocks. aims and discharges
revolver, as it is alleged here, did
ne know when he cooked and fired
the weapon that the act was wrong
and that it would probably destroy
life. and did he know the act was
forbidden by law? That is the ques-
ton which the law must have ans
wered.
Girls credibility Important.
Under the rule Of evidence, the
story claimed by the defendants wife
to nave been told by her to the de-
fendant is admitted not as affecting
the character of the deceased, but
that You might consider what an eft
feet such a story had on the defend
ants mind. In considering her story,
her credibility as a witness is highly
material and everything that she
has said or done must be taken into
consideration. Her admissions re-
garding the relations existing pc
tween herself and the defends II
prior and subsequent to this tragedy
and prior to her marriage, or any
other act should be weighed in con
nection with her story.
There has been no denial entered
here that death resulted from piston
shot wounds inflicted by the defend
ant.
Large presumption is that defend
ant was insane when he committed the
act. 1t was not incumbent upon the
prosecution to introduce preliminary
testimony to show that he was sane
The burden of proof is upon the de-
tense.''
He referred. briefly to the expert
testimony, saying the jury Is not
obliged nor permitted to accept op1n-
ions as they would facts.
The so-caned irresistible i'm
pulse" continued Justice Fitzgerald,
has no place in the law and it is
not an excuse, nor is every person
of disordered mind excused. While
the burden of proof of insanity is on
the defendant, he is also entitled to
every reasonable doubt on the sub
Ject. If the defendant knew the ma
ture and the quality of his act, or
knew the act was wrong, then he
committed a crime"
| Justice Fitzgerald supplemented his
charge by clearly defining the legal
definition of reasonable doubt and
| saying that no man should vote for
a verdict so long as a reasonable
doubt existed in his mind. He did
this by the request of Jerome. The
j defense also requested a special
charge on several points, but Justice
fitzgerald said he had practically
dwelt on all of them, with the excep-
/ ton of a few, upon which he declined
to say anything. He granted the d.
Tense an exception to his ruling. The
jury retired at 5:17 p. M
Thaws Family Gloomy.
The atmosphere about Thaw and
! the members of his family was heavy
with gloom during the Judge 5
charge. The defendant sat in de-
Jected mood, his mead bowed tace
i paid and entire appearance denoting
a nervous, apprehensive state CO
mind. 1t seemed as though every
/ vestige of hope h been taken away
from him. All the confidence and
| cheerfulness which were so strongly
in evidence Tuesday had disappeared.
Fear and doubt had supplanted them
A complete change had come over
him by the time the Judge had con-
cluded his charge. He began to real
ize that a real danger menaced him,
that his acquittal was by no means
a certainty and as he was led out of
the courtroom the debonair style
which marked his entrance Tuesday
morning had entirely disappeared.
The members of Thaws family were
equally as low in spirits They re-
cognized the fact that the Judge s
| charge was by no means favorable
to Harry; they could not even con,
strue it that way.
| None of Thaw's counsel would
comment on the charge, but they
shared in the general opinio, that il
was adverse to Thaw.
After considering the case for an
hour the jury was taken to dinner
and in the meantime Justice Fitz-
gerald adjourned court until o'clock
He did not then indicate how late
he would remain at the courthouse
The jury returned to the courthouse
at S:52.
Judge Goes Home.
When it became apparent tina
there was no possibility of a decision
being reached by p. m, Justice Fitz
egrald went home and left word tina
he would return whenever the jur,
desired him
Jury Locked Up.
A few minutes after II Justice Fitz
gerald called up and asked if Their
was any likelihood of verdict bein:
reached last night. Receiving a mega
tive reply, he ordered the jury to b.
locked up until this morning at 1890
1t is believed however, that SHOULD
the jury reach a verdict in the nigh
Justice Fitzgerald will consent t,
come down town this morning at al
earlier hour than that set.