Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-04-11


the Broadway Central ,tel for dinner,
and in the meantime Justice Fitzgerald
adjourned court until 8 o'clock. lie
did not then indicate how l,te he would
remain at court.
The judges charge lasting about
an hour, was concise outline OF the
law, and gave to the jury the alterna-
tive of rendering any one of the fol-
lowing four verdicts: Murder in the
first degree, murder in the second de-
gree, manslaughter in the first degree,
not guilty on the ground of insanity.
The statute covering the plea of in-
sanity was defined clearly, much stress
being laid on the fact that an irresist-
ible impulse to kill had no place in the
law.
The Judge also informed the jury
that an illusion, unless the Illusion Is
true might result in the injury of the
man suffering from it. could not be
accepted as an excuse. Altogether, the
charge, while consisting principally of
a complete explanation of the law, was
considered by those who have followed
the trial as adverse to the defendant
The attorneys for the defendant took
exceptions because the judge had failed
to include any of their suggestions
Thaw was much depressed by the
Judges words and could not suppress
his feelings He left the court room
| detected.
In concluding his charge to the jury.
Justice Fitzgerald said that Thaw
might he convicted of murder in the
first degree, in the second degree or
| L -. H., RrSt
acquitted on the ground OF INSANITY
| The jury might state that ground in ITS
| verdict He said that il Thaw knew
the nature or quality of his act he COM
mitted a crime The burden of proof OF
insanity, Justice Fitzgerald placed on
| the defense. Irresistible impulses, he
| said, had no place in the law
| The defense noted several exceptions
| to the charge on the ground that the
court had declined to include in 1t sev-
eral of their suggestions.
Justice Fitzgerald said:
The legal presumption Is that the de-
fendant was sane when he committed
| the act. 1t was not incumbent upon tils
r!osecution to introduce preliminary
testimony to show that he was sane.
| The burden of proof is upon the Ge-
| fense.
Whoever denies sanity must prove
| that insanity is present. The law as
sumes that all men are sane as 1t as
sumes all men innocent The burden
| of proving a crime is on the prosecu-
tion, hut the burden of overthrowing
sanity is on the person claiming 1t. The
defendant is entitled to the benefit OF
| the doubt in this case.
The so-called irresistible impulse has
no place in the law and is no excuse,
nor is every person of a disordered
mind excused. While the burden OF
/ proof of insanity is on the defendant,
fhe is also entitled to every reasonable
| doubt on the subject If the defendant
knew the nature or the quality of his
act, or knew that the act was wrong,
then he committed crime.
Under the rule of evidence the story,
claimed by the defendants wife ito have
been told by her to the defendant, is
admitted not as affecting the character
of the deceased, but that you might
consider what effect such story had
on the defendants mind. In consider
| ing her story, her credibility as wit
ness is highly material and everything
| that she has said or done must be TAX
en- into consideration. Her admissions
regarding the relations existing be-
Tween herself and the defendant prior
and subsequent to this and prior to her
| marriage, and any other act, should
be weighed in connection with her
story.
| You must be guided, gentlemen, en-
tirely on the evidence. Clamor, preju-
dice or sympathy must not prevail.
You must be guided by your reason
and your judgment.
The case has been fully tried and l
|'have not attempted to make any epi-
tome of the evidence. If any allusion
have made to the facts my state
ment does not agree with your recollec-
rion, you should take your own recol-
4 lection.
1t is the duty of each juror to con-
slider the evidence, all the statements
of counsel and the suggestions of your
fellow jurors.
have endeavored to faithfully guard
| the rights of the defendant as well as
the rights of the people, and I have
| tried with clearness 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
| evidence, carefully consider it and dis
cuss it according to your oaths.