The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-11
At 8 O'clock Ask for More
Instructions.
Much Evidence Read to Jurors
This Forenoon.
REQUIRED TWO HOURS
Wanted Information on the
insanity Feature.
Judge Fitzgerald's Instructions
on This Point Read.
THAW HAS PACKED UP.
Confident of Acquittal Prepares
to Leave TOmbs.
His Family Await Verdict in the
Court Room.
THAW HAS PACKED UP.
Confident Of Acquittal Prepares
to Leave TOmbS.
His Family Await Verdict in the
Court Room.

New York ADrl 1l--At Z-5I lns
: >Thzw jury asked for reading Of the
judges Instructions regarding the
testimony of the defense's aIienists-
The jury retired at S:2s =. m.
The jury also asked TO be instructed
as 10 what Weight should be given to
opinions based on hypothetical ques-
tions. Justice Fitzgerald had that
part Of his charge in which he said the
opinions we're not TO be given the same
consideration as facts read to the jury
District Attorney jerome and the
attorneys for the defense we're of the
opinion after the jury retired the sec
ond time that a verdict of some sort
might be expected within a short
while
New York, April 1.-THE Thaw
jury asked permission to have some
portions Of DeImas' summing up ad
dress read 70 them but Justice Fitz-
gerald would not permit it, saying it
was not in evidence.
New York. April 11.-After delib-
Grafton for more than eighteen hours
nent. the jury into whose hands the
fate OF Harry x Thaw was given at
5:17 O'Clock yesterday afternoon, re-
ported before Justice Fitzgerald at IL
a m. today and asked permission to
examfns q large number of the ex-
hfbits introduced during the trial and
also asked TO have read 10 them the
testimony Of several OF the eye-wit-
nesses TO the tragedy.
Among the exhibits called for were
the letters which Harry Thaw wrote
10 Attorney LongfeIIow shortly after
as alleged. Evelyn Nesbit told him in
Paris the story of her relations with
Stanford White, and the viii and cod
icil which Thaw executed the night
of his marriage in Pittsburg, on April
T. 1905 The letters and Will were in
troduced by the defense to show the
mental storm, which ii is claimed.
was brought upon the defendant by
the story the girl related
The jury also asked for the diagram
of Madison square roof garden as IL
was the night Thaw killed White. This
diagram was held before them as the
court SteuOgrapher read from the Of
fetal record Of the testimony the evi-
dence given by James Clinch Smith,
the brOther-in-law of Stanford White,
TO whom Thaw talked for more than
half an hour the night of the tragedy:
music publisher. whom Mr. DeImas
had quoted in his summing up address
as saying that Thaw after he had sent
Stanford White TO his death. held out
his arms in the shape of a cross as a
priest might do at some sacrificiaI Ger
emony; the testimony OF Henry s
Plaise- OF Paul Brudie. the fireman
who disarmed Thaw. of Warren Pax
ton the engineer OF the roof garden
and other witnesses
Lastly the jury asked to have read to
Il the testimony Of Evelyn Nesbit Thaw
so far as il related 10 the shooting. the
testimony OF Thomas McCaleb as to
where the party was sitting on the roof
garden and the testimony of DR.. Allan
McLane Hamilton. as far as il was al
lowed before the jury. Dr.. Hamilton
was allowed during the trial TO testify
that he had made four visits to Thaw
following the tragedy and had formed
an opinion as TO the defendants mental
condition then What this opinion was
he was not permitted TO state
Foreman Smith also asked 10 have
read that portion of Justice FitzgeraId's
charge relating 10 the testimony of
Aloctors Evans and Wagner In refer
ring 10 the testimony of these two ex-
perts. Justice Fitzgerald said that they
had q personal examination of the de-
fendant and that whatever the defend |
ant said 10 the experts and was cOnsid-
cred by him in reaching an opinion was
competent evidence for the jury to con-
slider.
Much Speculation.
The action of the jury in asking for !
the particular exhibits and the testI-
mony indicated. led TO much specula- /
tfon as to what the trend of their long
discussion had been
one of the widely discussed theories |
was that the jurors either wanted TO /
refresh their memories as to testimony
tending TO show either deliberation or !
Ff=emedfratiOn on the part of .THaW or
else they wanted to have the story of I
Thaw's actions the night of the trag-
edy rehearSed once more in order that
they might judge as TO his nationality. I
The suggestion of the latter purpose l
seemed TO be given weight by the fact I
that they desired 10 examine the let
tiers, the will and the codicil brought |
forward by the defense in support of
its claim of insanity
1t was generally conceded that Sc /
rious differences of opinion had devel- /
oped among the jurors as to the evil |
dence and that a verdict of any sort /
was still remote
The examination Of the Thaw letters