The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1907-04-12
THaW'S FATE
WITH THE JURY
JEROME CONCLUDES TERRIFIC
ARRANGEMENT. THAW DROPS
IN DESPAIR UsDER JUDGE
FITZGERALD's
CHARGE

NEW YORK, April lot was Dis
trict Attorney Jerome's turn in the
Thaw case today. When court opened
he began on behalf of the people the
summing up of the prosecutions case
against Harry K. Thaw.
: Mr.. Jerome disclaimed all intention
of entering into an oratorical contest
with Mr. Delmas, but it is seldom that
an address more powerful, more sub
tie, more logical, has been heard in a
court room. From cold logic he pass.
ed to biting sarcasm, and then invest
ed here and there a touch of pathos.
He held the closest attention of the
jurors and spectators, including the
Thaw family. His defense of Stan.
ford White, whose spirit, he said,
seemed to be lowering in the court
room, begging to be heard before it
was blackened forever, was uttered
with impressiveness and with tears in
his eyes.
In concluding his charge to the jury,
Justice Fitzgerald said that Thaw
might be convicted of murder in the
first degree, in the second degree, or
of manslaughter in the first degree. If
acquitted on the ground of insanity,
the jury might state that ground in
its verdict. He said that if Thaw
knew the nature or quality of his act,
he committed a crime The burden
of proof of insanity, Justice Fftzger-
aid placed on the defense. Irresis-
tible impulses, he said, had no place
in the law.
The defense noted several excep-
tions to the charge on the ground that
the court had declined to include in it
several of their suggestions.
Heavy With Gloom.
The atmosphere about Thaw and
the members of his family was heavy
with gloom during the Judges charge
The defendant sat in detected mood,
his head bowed, his face pallid and
tllS ChJllc appear dANC OChObihS q
vous, apprehensive state of mind. All
the confidence and cheerfulness which
were so strongly in evidence yester-
day 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 real danger menaced him,
that his acquittal was by no means
certainty and as he was led out of the
court room the debonair state which
marked his entrance yesterday had
disappeared.
The members of the Thaw family
were equally as low spirited. They
recognized the fact that the Judges
charge was by no means favorable to
Harry.
None of Thaw's counsel would com
ment on the charge, but they shared
in the general opinion that it was ad
verse to Thaw.
Shortly after visiting Harry in the
prisoners pen, Mrs. Evelyn Thaw left |
the building with Dan O'Reilly, after
telephoning for moment.
At So o'clock the other members |
of the family left the building Thaw's !
counsel denied a report that the best ,
they hoped for was a hung jury.
Statutes of New York.
Under the statutes of New York
murder in the first degree Is punish
able with death, murder in the second
degree by Imprisonment for life and
manslaughter in the first degree by
imprisonment not 10 exceed twenty
years. If the verdict should be one
of acquittal on the ground of insanity.
the disposition of the prisoner would
rest with Justice Fitzgerald. Thaw,
having already been declared sane by
the report of commission which JUS
tice Fitzgerald approved and con-
frmed it would seem that the prisoner
must be released
At 500 the jury was taken to the
Grand Central Hotel for dinner. At
S. So they returned to the court house
and Immediately went to the consul
tation room, where they continued the
discussion of the verdict.
When it became apparent that there
was no possibility of decision being
reached by 9 p. m, Justice Fitzgerald I
went home and left word that he would I
return whenever the jury desired him.
The court room was emptied and the I
doors we're locked.
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