The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-04-12
Strain Plainly Evident.

labored since their retirement Sesleruay
afternoon was plainly written upon their
faces Their eyes were red. their cheeks
chalky white. and the whole edect one
OF hasgardness II was evident mat s,eep tIe
room last night Jurors Pink and steele
seemed especially 10 have suffered In the
long vigil During the long time IT re-
ouired the court stenographer to read the
testimony the jurymen lounged back IN
their chairs and appeared TO Keep awake
only with the greatest effort
When Harry Thaw was called to the
bar he entered the room with quick
stride and bright eyes and carrying hai
ner and appearance bore out the state
ments OF his counsel earlier in the day
that he apparently was In better shape
physically than any other person con-
nected with the long and tedious trial.
Thaw bowed to his mother. his wife, his
two sisters, the Countess OF Yarmouth
brothers. Edward and Josiah. He then
turned TO his counsel, all of whom were
present, and entered into brisk conver-
Justice Fitzgerald In taking the bench.
announced the requests made by the jury
stated above.
The people have no objection said
Mr.. Jerome.
The defense has none said Mr..
OReilly.
The reading of the testimony OF Of
ficer Dennis Wright ana John Anthony
and Peter Barrett doormen OF the Nine
teenth precinct police station, Followed
Much Testimony Removed,
Meyer Cohen's testimony had been
largely personal demonstration by him
self OF Thaws attitude after the shooting
and his manner OF approaching White,
The testimony of James Cllnch Smith
was relative TO the conversation he had
with Thaw just prior 10 the shooting.
Finally the jury asked 10 hear again
the testimony OF the doormen on duty at
the tenderlon precinct police station the
night OF Thaw's arrest, and who gave
testimony as to the defendant claiming
TO hear the voices OF the young girls.
When the Jury's requests had pro-
gressed this far, it seemed that there
could be no longer any doubt but that
the rational or irrational conduct OF
ing leading part in the deliberations Of
The Jury finally asked to have certain
portions OF Evelyn Thaw's testimony as TO
the shooting read to them.
Juror Pink. who N-idently was In very
bad shape. delayed the reading OF tes-
timony for a few minutes by asking per-
mission TO retire for moment He tot
tered from the room, accompanied by an
officer, and seemed near collapse, After
an absence of five minutes he resumed
his place In the jury box, looking very
pale and tired.
Thaw Hands Out a Note.
While he was in the courtroom Thaw
handed a slip OF paper TO the reporters
pers published a letter alleged TO have
been written by Stanford White 10 May
Mackenzie. Thaws note, which was on
81 wish they had "a rare original letters
of the deceased
Soon after the jury retired. Evelyn
Thaw's counsel. left the courthouse for
lunch. The crowd in the street was
anxious TO get close look at her that
she was almost swept off her feet, and
Mr.. O'Reilly was forced to fight a way
through the crowd for her.
When the other members OF the Thaw
ft,. fzFs A.
eral policemen TO protect them from the
curious ones,
When the courtroom doors were opened
for the second time during the day.
shortly after o'clock. and it was an
nounced that the jury was about TO
enter, excitement In the Criminal Courts
bers. OF the Thaw family quickly took
up their places. When the jurors came in
several of them were excl;edly talking
together. When Harry Thaw was called
TO the bar he entered. carrying a huge
bundle under his left arm II was wrapped
In manila paper and well-tied up. II
1ects, brought from his cell in the
Tombs. The prisoner was confident and
smiling and stopped TO chat moment
with his mother and wife before pro-
ceedlns 70 his seat a the counsel table.
Second Appeal to Court.
THE Jury. as l understand It. said
Justice Fitzgerald when he ascended the
bench. desires to 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-
quested 10 hear again this same feature
OF Justice Fitzgerald's charge and the tes-
tlmony OF Drs. Evans and Wagner
seemed TO be playing an important part
in their deliberations.
Justice Fitzgerlad's charge relating 10
these propositions called attention to the
fact that they had had the opportunity
said that the conversations they had with
Thaw were competent evidence as affect
Ing his sanity or insanity at the time OF
the examination, and they quoted the fol-
lowing decision from the Court Of APP
peas:
"All that this defendant said and did
during the several examinations by the
experts. was competent bearing upon
his mental condition at the time he was
examined. The examination Of the ex-
perts was directed to his mental condi-
ton al the time they saw him and from
the conclusion they then reached and the
medical and other facts proved they
an opinion as TO his sanity or insanity
at the time of the homicide. The jury
are entitled 10 the facts upon which
sanity expert bases his opinion and when
those facts are the result of his own
interviews with the defendant il is not
only competent but II is necessary that
they should be laid before the jury"
When the stenographer had concluded
reading this. Foreman Smith said:
Foreman Too Hasty.
Now, your honor. there are two other
points In your charge we would like 10
have explained to US"
The foreman was interrupted by Justice
Fitzgerald. who said
II cannot discuss the matter with you.
! have had portions of the charge read
10 you and that is all / do. You
must be careful about that, Mr.. Fore
man. Formulate your request in writing
and will pass upon It,
INIT
passed IL TO Justice Fitzgerald, who then
directed that that portion OF his charge
relating to the 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 10 accept
opinions based on hypothetical questions
as they would accept facts. In hypothet-
ical questions the court declared IL Is al
ways OF first importance that the facts
contained in such questions have been
established to the satisfaction of the
jury,
Opinions on such questions should be
considered In al he ~;