Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-12

Hundreds Of people congregated this
afternoon in the streets about the
criminal courts building. At times the
crowd was so great that it was with
difficulty that teams could pass along
the street.
Justice Fitzgerald went ont to lunch
con shortly after the jury had retired
and announced that he would not be
back until between 2.15 and 80 p. N.
When the court room doors We're
opened for the second time during the
day, shortly after 3 O'Clock ana il was
announced that the jury was about 70
| enter. excitement in the criminal
courts building was at high pitch.
All the members of the Thaw family
quickly took up their places. When the
jurors came in several of them We're
cXcit,dly talking together and the im-
| preston spread that they had merely
come in for further instruction and
were still 3 long way from verdict.
This proved to be the case, for when
Justice Fitzgerald took his place on
! the bench ne announced that he had
received, further communication from
the jurors, foreman, Mr.. Smith. When
| Harry Thaw was called to the bar. he
entered carrying Il huge bundle under
his left arm. 1t was wrapped in Manila
paper and veil tied up. Some said the
pac kaye contained many of Thaw's ef-
fects brought from his cell in the
Tombs. The prisoner was confident
and smiling and stopped to chat Il
moment with HE mother and wife be-
fore proceeding to his seat at the coun-
sci table.
The jury. as I understand it" said
Justice Fitzgerald, desires 70 have
read again that portion OF the courts
charge relating to the testimony Of
Drs Evans and Wagner.
The stenographer will comply with
the request"
The jury during the morning had re-
que sted to hear again this same feat
IRE of Justice Fitzgerald's charge and
the testimony of Drs. Evans and Wag-
nrr seemed to be playing an import
ant part in their deliberations.
Justice Fitzgcrald's charge relative
to physicians called attention to the
fact that they had had the opportunity
personally to examine the defendant.
He said that the conversations they
had with Thaw were competent evil
dcnce as affecting his sanity or in
sanity at the time of the examination
and he quoted the following decision
from the court of appeals:
An that this defendant said during
the several examinations by the eX-
Ports was competent as bearing upon
! his mental condition at the time he
was examined. The examination of
IT," experts was directed to his men,
tai condition at the time they saw him
ana from the conclusion they then
reached and the medical and other
f1c;S proved they would be competent
to give on the trial an opinion as to his
| sanity cr insanity at the time of the
homicide. The jury are entitled to the
facts upon which n sanity expert bases
| his opinion, and when those facts are
tine result of his own interviews with
the defendant it is not only competent,
hut it is necessary that they should be
laid before the jury"
When the stenographer had conclud-
"a reading this, Foreman Smith arose
and said:
Now. your honor. there are two
other points in your charge We would
like to have explained to us
The foreman was interrupted by
Justice Fitzgerald Wto said:
Il cannot discuss the matter with
you. have had portions of the charge
read to you and that is all l can do.
| You must be careful about that. Mr..
foreman. Formulate your request in
writing and Will then pass upon it,
Foreman Smith wrote a note and
passed il IN to Justice Fitzgerald who
then directed that portion Of his
charge relating to the hypothetical
! question put to the experts for both
the prosecution and the defence he
| read.
The charge read that the jurors were
not bound to accept or allowed to ac-
Cept opinions based on Hypothetical
questions as they would accept facts.
| In hypothetical questions, the court
declared, it is always Of first import
ance that the facts contained in such
questions have been established to the
satisfaction Of the jury. Opinions on
| such questions should be considered in
| connection with all the evidence in tho
case.
Il believe now that that is all gen
tcmen." said Justice Fitzgerald.
NO. sir interpnsed Foreman Smith.
| There was one more request
That request" said Justice Fitzger-
aid. rs that certain portions of the
summing up address of Mr.. Delmas
! shall be read to you. ! cannot grant
| it. 1t is not evidence and you must
|