Omaha daily bee., 1907-04-11
TATUTE GOVERNING INSANITY DEFINED
burden of Proof on This Plea Rests with
De euse.
Mr., JEROME MAKES FORCEFUL SPEECH
Says Act Was Common COwRrdIy
TenderIoin Murder and RidicuIes
DeImas' Reference to De-
mentin Americana.

uaIy p has been sitting In judgment on the
young slayer Of Stanford White retired
/ at 5l7 p m. today to begin the consldera-
tion OF its verdict. Six hours later 1t had
failed to reach agreement and shortly
after II p. m. was locked up for the night
in the jury room Of the criminal courts
building, Justice Fitzgerald, who had been
waiting for some word from the jury room,
became convinced at that hour that the
chances for verdict tonight were too re-
mote to warrant him remaining up later.
Justice Fitzgerald earlier in the evening
. had gone to his club uptown and had an
automobile I'm readiness TO make quick
trip to the court house should he be needed.
His instructions regarding locking up the
jury were telephoned.
Jury HopeIeEsIy Divided.
II said that when Justice FitzGer-
aids message was received at the court
house the officers on duty there put the
matter up to the Jurors themselves, asking
II there was any possibility OF a verdict
within the next few hours. The reply was
| strongly negative The jury was said to
be most hopeessly divided and nobody con-
nected with the case tonight would venture
the hope of anything better than dis
I agreement as the climax of the long drawn
out trial.
Harry Inaw sat IN the prisoners 3 pen
adjoining the court room during the long
hours Of the jury's deliberations. BY his
side was his wife and counsel, who re-
mained with him until all hope of verdict
tonight was over, but at 10 o'clock they
made their way to the hotel. Thaw, who
was much depressed at the close OF Je-
romes attack on him "a cowardly.
brutal murderer-a rich illiterate who al
ways had his own way until he fell into
tho clutches Of the law" revived I'm spirits
as the evening wore on and the chances OF
an unfavorable verdict seemed TO him to
become more and more remote.
Justice Fitzgerald is not expected at the
court house tomorrow until 1890 a, m, the
usual hour for the court sessions to be con-
vened. II the jury should earlier notify
him Of an agreement he might consent to
come down at an earlier hour, but this Is
not considered at all likely.
Charge UnfavornbIe to Thaw.
In the life Of Harry Thaw this day will
go down as the most trying he has ever
experienced. From the opening of court
until the jury retired the fates dealt un-
mercifully with him. Beginning with Dis
trict Attorney Jerome's final argument and
throughout the judges charge Thaw had to
listen to a scathing attack upon his char
acter and to a narrative drawn from the
deeds OF the halo of chivalric glory which
his own attorneys had thrown about them.
The judges charge, lasting about an
hour, was a concise outline Of the law and
gave to the jury the alternative of render
ing any one Of the following four verdicts:
Murder in the first degree, murder in the
second degree, manslaughter in the first
degree or not guilty on the ground OF in
sanity
The statute governing the plea OF in
sanity was defined clearly, much stress be-
ing laid on the fact that an Irresistible
impulse to kill had no place in the law.
The Judge also informed the jury that
an Illusion, which n true, might result in
the injury Of the man suffering IT, could not
be accepted as an excuse. Altogether the
charge, while consisting principally OF
complete explanation Of the law, was con-
sidered by those who have followed the
trial, as adverse TO the defendant. The at
torneys for the defendant took exceptions
because the judge had failed to include
any of their requests.
Thaw was much depressed by the judges
words and could not suppress his feellngA
He left the court room detected.
FOrcefuI speech by jerome.
The district attorneys summing up was
comparative and forceful review OF all
the evidence adduced. He declared at the
outset that romance and sentiment did not
enter into the issue; II was not question
Of Stanford Whites character or Evelyn
Thaw's sunferings, it was a plain matter of
fact homicide.
"A common, cowardly tenderloin mur-
der" as he termed It. The novel plea Of
"dementia Americana" made by Attorney
Z Demas at the very close Of his argument
was attacked by the district attorney and
%. In ~
sarcasm.
Mr.. Jerome dealt mercilessly with Evelyn
Thaw, 70 whom he referred the angel
child" and TO Thaw, whom he termed al
ternatCly st George and Sir Galahad."
After the case had been given 70 the jury
, Mr.. Jerome's attention was called TO the
nervous state Of the defendant Discussing
tho situation with number Of friends. the
district attorney said, referring TO Thaw:
"The poor fellow thought the judge would
simply tell the jury to let this St. George.
this Sir Galahad business go, and that's all
there would be to H. Now / understood
he is sitting in his cell all In a mess, his
head bowed, worrying about the outcome.
I'm really sorry for him, but more so for
his mother"
The Thaws remained in the court house
for a short time after the jury had retired
and then the family, with the exception OF
the younger Mrs Thaw, returned to their
. hotel for dinner. The young wife remained
and had dinner with Attorney Reilly az
a nearby restaurant The others returned
shortly after o'clock and went 10 the
Tombs waiting room.
ThRw Family In Court.
} About FIVE minutes before the session was
begun members OF the Thaw family began
20 arrive. The FIRST 10 enter was Josiah
Thaw accompanied by his sister the count
ess Of Yarmouth. Mrs. Carnegie and her
husband were next Mrs. Edward Thaw
| and Evelyn Thaw followed quickly and the
j elder Mrs. Thaw came last All looked
/ confident Al II SO o'clock Justice F1tzger-
AID took his seat upon the bench, the jury