The Montgomery advertiser., 1907-04-12

s NOVnAAAsOC0 hAOlu EaSC WY fleets brought from his cell in the Tomhs
 The prisoner was confident and smil- ing and stopped to chat a. moment with his mother before proceeding to his seat at the counsel table.
 The jury, as understand It." said Justice Fitzgerald, when ne ascended the bench, desires to have read again that portion of the courts charge re- lating to the testimony of Drs Evans and Wagner.
 The stenographer will comply with the request"
 The jury during the morning had re- quested to hear again this same fea- ture of Justice Fitzgerald's charge and the testimony of Drs Evans and Wag- ner seemed to be playing an important part in their deliberations.
 Justice Fitzgeralds charge relating to the propositions called attention to the fact that they had had the oppor- tunity of personally examining the de- fendant He said that the converse tions they had with Thaw were com petent evidence as affecting his sanity or insanity at the time of the exami- nation and he quoted the following decision from the Court of Appeals: ..All that this defendant said and did, during the several examinations by
 
 upon his mental condition at the time he was examined. The examina- ton of the experts were directed to his mental condition at the time they saw him and from the conclusion they reached and medical and other facts proved they would be competent to give on the trial an opinion as to his sanity or insanity at the time of the homicide. The jury are entitled to the facts upon which a sanity expert bases his opinion and when those facts are the result of his own interviews with the defendant 1t is not only compe- tent. but 1t is necessary that they should be laid before the jury"
 Foreman Addresses Court.
 When the stenographer had conclud- ed reading this Foreman Smith said:
 Now. your honor, Shere are two other points in your charge we would like to have explained to us."
 The foreman was interrupted by Jus tice Fitzgerald. who snid: 7 T cannot discuss the matter with you. have had portions of the charge You must be carefnl about that, Mir. Foreman. Formulate your request in writing and I will pass upon it."
 Foreman Smith wrote note and passed it up to Justice Fitzgerald who then directed that that portions of his charge relating to tue hypothetical questions put to the experts for both the prosecution and the defense be read.
 The charge stated that the jurors were not bound to accept nor allowed to accept opinion based on hypothetical questions as they would accept acts. In hypothetical questions, the court de- clared, 1t is always of first importance that the facts contained In such ques- finna have haan SfahliEhed fn ha isfaction of the 5ur-.
 Opinions on such questions should be considered in connection with all the evidence in the case. I believe now that is all. gentlemen" said Jus tice Fitzgerald.
 NO. sir" interrupted Foreman Smith. there was one more request"
 That request" said Justice Fitzger- aid, lis that certain portions of the summing up address by MT. Delmas shall be read to you. I cannot grant 1t. It is not evidence and you must remember that nothing but the evil dence can now be given you"
 The Jury then retired again and con- tinued its deliberations
 Family Sticks Through.
 All the members of the Thaw fam fly remained at the court house and sent out for their dinner, rather than face the crowds who surround the court house.
 At 6:46 Justice Fitzgerald announced recess until o'clock. The jury at that time had shown no signs of reaching an agreement. At 6:53 Jus tice Fitzgerald left the court house for dinner. few minutes later the jury started for the Broadway Central Ho- tel for dinner. In spite of their long confinement they looked fresh and were laughing and talking together when they left the building.
 When the jurors returned tonight from dinner one of them, John S. De- nee. No. 10. carried a grip. To the waiting crowd this seemed an indica- tion that the jury had either reached verdict or expected to be discharged tonight.
 Thaw was brought over from the Tombs after dinner and was visited in the prisoners pen Soy his mother, his wife and sisters. All of the women seemed greatly fatigued by the long days wait for some definite news from the jury.