Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-11


the fact that they al expressed the fact
that Thaw knew the nature Of his not
and knew that it was wrong.
livery one or those experts admitted
Ithat at Ii" time Of the killing Thaw had
"a knowledge of what he was doing. but
said il was an insane knowledge. Thcy
could net tell the difference between SAM
and insane knowledge, but said the only
Knowledge that Thaw had was insane.
Now lcC us come back to the killing
There is rot, in amy of the acts Of that
night, one thing that shows Il lack of
appreciation OF what he was doing You
remember the conversation with Mr..
Smith? Was there anything Irrational
there Ana after the killing, did ne say
that he was the agent of Almighty God
vino mad been directed to make way with
, this ravishor Of American womanhood
No. He said. lie ruined my WIFE There
was nothing about Providence until after
his consultation with my friend, Dr.
Evans. Il the words ruined my WIFI
he expressed motive for his crime. Bur
there was nothing Irrational there. Ana
fherc was nothing irrational about any
thing he did that night.
"Whcn he got to the station house he
gave q fictitious name. That was not
the insane man, the agent of Providence.
the one man chosen of God to avcnge 4
woman. That WAS not a man slorying
in Il righteous act.
. Mfr. DciTaS said he would not appeal
to such 4 shadowy thing as the unwrit-
ton law. Eut he ended by an appeal 10
/ 'Demcntia Americana, which he said af-
! fictCL tito whole ration
He might better have adhered to his
original purpose" because if this mar
Were insane you might acquit him.
/ But when this defendant is presented
TO YOU as the supposed avcrGer of Ameri-
can womlnhcod-of American virtue-a
champion who has lain dormant for three
years until he becomes in some way en-
| altod-hc does not come within the clas-
sification of 'Demantia Americana'-Iin
killed for a motive. and when YOU are
asked to acquit such 4 man YOU are ask
ed to give Of something which you have
not the power TO bostow.
/! Tho real question here is whether New
! York City is to become Il mining camn.
| If this SORT Of thing can so on-if the
| only thing between 4 citizen and his en-
| cry is a brain storm-thcn every man
, had better pack 4 gun.
Air. De!mas arpctled to the Scriptures
! let ne. too. direct YOUR attention to them
, t. 1Nl:at the Lord said: Vengeance is
Mine and l shall repay
''Lct mo also remind YOU OF the great
fundamental law handed down the ages
the commandment Of Co Thou shalt
rot kill"
Mr.. Jerome sat down.
Justice Fitzgerald ordered Commute
recess before beginning his charge to the
jury.
Justice Fitzgerald began his charge BY
saving:
Gentlemen of the jury. it now becomes
my duty t. give to You such instructions
upon tho law A., are necessary to enable
YOU to perform your duties as jurors and
70 define To you the legal guides BY which
You are to be governed in considering
the evidence ana reaching your conclu-
sions
1T has been particularly gratifying to
me To realize that YOU were selected by
the people and by the defendant as fair
minded men after the examination Of 80
tale smen and before the pcrcmptory
challenges allowed by law had been cI-
hauSted.
Lot me impress upon YOU the import
arcc of the issue you are to decide. TIL"
life Of a citizen within the protection of
the law, it is charged. has been taken by
the defendant and the defendant is here
TO answer to the law for that.
You must take the law absolutely
from the court-of the facts you are the
sole Judges.
"a defendant in n criminal prosecution
is presumed to he innocent until the con-
trary be proved, and in case Of a reas-
enable doubt that his guilt is not salts
factorly shown he is entitled to an ac-
Iquittal.
Let me begin by instructing you on the
general construction Of the law. The stat
ute of homicide is divided into two gen
cral divisions which in turn arc gubdi-
vided. as / will later explain. The two
chief divisions are homicide that Is crinl-
inal and homicide that is not criminal.
Criminal hcmicides are murder in th7
first degree. murder in the second degree
, ana manslaushter in the first and second
; degree.
Such homicide, unless eXcusahe or
iustifiable. is murder in the first degree
when committed from dcliberation and
Continued on Page Seven.)
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