Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-11
The so-called Irresistible impulse,

| continued Justice Fitzgerald, has no
place in the law and is not an excuse. nor
is every person of a disordered mind ex-
Icused. While the burden of proof of in
sanity is on the defendant, he is also en-
titled to every reasonable doubt on the
subject. If the defendant knew the ma
ture or the quality of his act, or knew
that the act was wrong, then he commit :
ted crime. All men differ mentally and
physically, and this makes it impossible,
as | said before, for the court TO lay
down fixed rule as showing deliberation
and premeditation
LAS to the distinction between reason
able doubt and possible doubt, YOU were
| thoroughly examined when you Were
| about to become jurors. The law does
not require that the prosecution shaE eff
face every possible doubt. 1t only re-
quires that the prosecution shall go be-
yOnd a reasonable doubt AS Recorder
Smythe once charged jury the defend
ant is entitled to have his guilt estab-
lished by competent evidence and beyond
reasonable doubt. 1t need not he estab-
lished beyond all doubt, for that is an
| impossibility. Nothing in this world is
beyond ali doubt The defendant is enti-
tied to every reasonable doubt and thai
is all
"A reasonable doubt is such a doubt
as might arise in the mine of an inteHi-
gent man who. if called upon to give
reason for suCn doubt, would not be at 4
loss to do So A reasonable doubt is not
| an imaginary thing. 1t is such a doubt
| as arises from. the evidence. 1t is such
a doubt as painstaklng man might have
! after a full, fair and impartial weighing
of the evidence. To all such doubts the
defendant is entitled.
| "If any of you have a reasonable doubt
that this defendant is guilty of murder
| in the first degree, but you have no doubt
that he is guilty of murder in the second
degree, you may find in the second de-
gree. And so with manslaughter. In all
your deliberations the defendant is emit
| tied to the benefit of every reasonable
doubt.
You may in this case. let me say once
more. find the defendant guilty of murder
| in the first degree, guilty of murder in
| the second degree, or guilty of man
slaughter in the first degree.
| IF you vote for acquittal on the ground
| OF insanity you may state that ground in
your verdict.
you must he guided. gentlemen en-
tirely on the evidence. Clamor, prejudice
OF sympathy mnIst not prevail. You must
he guided by your reason and your iudg
ment.
| 1.-The case has been fully tried and l
have rot attempted TO make any epitome
Of the evidence. If in any allusion l have
made to the facts my statement does not
| agree with YOUR recollection, you should
| take YOUR own recollection
1T is the duty Of each Juror to consider
the evidence all the pertinent statements
of counsel and the suggestions of your
fellow jurors.
| II have endeavOred to Faithfully guard
| the rights of the defendant as well as
! the rights of the people in the many rul-
ings have had to make, and | have tried
with clearnoss and fairness to instruct
you in the law
The facts must be carefully weighed.
Remember the oaths you took to well
and truly try this issue. Weigh the evi-
dence carefully, consider it and discuss it
and return your verde. according TO your
oaths."
| Justice Fitzgerald supplemented his
charge by again clearly defining the legal
definition Of reasonable doubt and saving
no man should vote for i verdict so long
| as n reasonable doubt existed in his
mind. He did this by request of Mr.. Ser
ONE. The defence also requested a spec
| ial charge on several points, but Justice
| Fitzgerald said that he had practically
dwell on all of them, with the exception
of a few, upon which ne declined to say
anything He granted The defence an eX-
| ception TO his ruling. The jury then re-
tired at 511 p. NJ. The atmosphere about
ThaW and the members # his family
was heavy with gloon during the judge:
charge Tho defendant sat in a detected
mood, his head bowed, his face palld and
his entire appearance denoting n nervous.
| appreheUSiVe, state of mind. 1t seemed
as though every vestige Of hope had been
taken away from him. All the confidence
and cheerfuness which were strongly
| in evidence yesterday had disappeared.
| Doubt had supplemented them.
| a complete change had come over him
by the time the Judge had concluded his
charge. He began to realize that real
| danger menacod him, that his acquittal
was by no means a. certainty and as he
was led ont of the room the debonair
style which marked his entrance yester-
| day morning had entirely disappeared.
The members of Thaws family were
equally as low in spirits. They recOg
nized the fact that the judges charge
was by no means favorable to Harry
None of Thaw'S counsel would com
ment upon the charge. but they shared
in the general opinion that it was ad
verso to Thaw.
Shortly after visiting Harry in the pen
Mrs Evelyn Thaw left the building with
Dan O'Reilly, after telephoning for mo-
mont.
At $50 o'clock the other members of
the family left the building.
Thaw'S counsel denied a report that the
best they hoped for was II hung jury.
Under the statutes of New Yorw, muir
der in the first degree is punishable with
DEATH murder in the second degree by
Imprisonment for life, and mansiaughter
in the first degree by Imprisonment not
to exceed 20 years If the verdict should
be one of acquittal on the ground of in
sanity the disposition of the prisoner