The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-02-02
lspeelal TO rhe rImes. p!spa.ch.l

NEW YORK, February LIN view OF
the Importance OF the trial of Harry X.
Thaw for the killing of Stanford White
and tho great interest 1t excites, not only
locally. but throughout the country, and
even abroad, Il statement of the law by
which the guilt or innocence Of the ac-
cused must be determined Will be Of
interest not only to lawyers who make
no special study of the criminal law. but
to layrnen as well. a statement OF the.
law on the subject has been procured
from Mr.. William l.. Clark, reviewing
editor OF the Cyclopedia OF Law and
Procedure, known and cited as Cyc, and
the author OF well known works on the
criminal law. He says:
at would be both Improper and unfair
70 the defendant to express any opinion
ms to his guilt at this time. Whether he
IS guilty or Innocent must be deter
mined. not on the facts which have been
published In the newspapers. but on the
facts as they app'Gr frctl the evidence
which may be given at the trial. and the
question will be decided by tho jury on
this evidence under the courts instruc-
lions as to the lat. They cannot con-
Wet unless they are convinced OF the
defendants guilt beyond q reasonable
doubt. and reasonable doubt as to his
sanity at the time Of the killing will
require an acquittal.
little question. In the first place 1t Is per-
fectly clear that the so-called 'unwritten'
or higher law, in the sense in which
the terms have been used in connection
with this case has no place In the law
of New York The innocence or gult oil
nna who kills another depends entirely
upon the application to the facts OF the
law established by the statute ana judi
cial decisions of the State. or course
IL Is possible for n Jury 10 disregard the
law as laid down for their guidance in
the charge of the court. and this is all
there is to the idea involved In this use
of tho term 'unwritten law; but In this
state Jurors are not the judges or the
law. but of the facts only and under
their oaths they are required to decide
according to the law as given them by
the court On. Y. Code, Grim Proc. flsl
If the law Is harsh as applied to the facts
of any particular case then the rrmedy
is by application for executive clemency.
people VS.. Silver,nan. Isl n. y. 26)
Intention Is Presumed.
Independently of statutory provisions
a. a sano man Intentionally kills another.
he Is guilty of murder unless the cir
cumstances are proven to have been such
as to Justify or excuse his act, or TO re-
duce 1t, by reason of provocation, TO man
slaughter: and II a person Intentionally
fires a pistol at another, an intention to
kill is presumed. AS it Is concisely said
in the Cyclopedia of Law and Procedure,
malice is implied In every intentional and
premeditated homicide, II there are no
circumstances serving to mitigate, eX-
cuse, or justify the act. (2l eye, iS) (
..JJnder the New York statute, assuming
that Thaw was sane, his killing OF White
was murder in the first degree, unless 1T
was Unsuitable or excusable, II II was
committed either a from deliberate
and premeditated design to XIII, or ~ by
an act immnently dangerous TO others,
and evincing depraved MIND, regafdless
of human life, although without pre-
meditated design to effect the death of
any Individual. On. Y. Penal code, lS'.)
The killing was murder in the second
degree If 1t was committed with a de-
sign to effect death, but without delibera-
ton or reconciliation. IN. Y. Penal Code,
1s4) While 1t is necessary to murder In
the first degree, under the statute, that
there shall be both elaboration and pre-
meditation. in addition to the intent to
kill. all that the law requires is that the
killing shall not be the instant result OF
impulse. and it is sufficient If there is
some thought and reflection on the act
and choice and determination as the
Hawkins 100 N. Y, 40S; People VS. Bar
beri, 149 N. Y, 256: 81 eye. 7269
No Manslaughter.
"Under the supposed facts and circum'
stances Of the killing it seems clear thai
there can be no question as to man
slaughter At common law, homicide
is not murder. but manslaughter only, al
though Intentionally committed, ii 1t is
tod ,,& I,.,l - paS cin
by adequate provocaton; but passion
however great, is not sufficient to reduc,
the killing to manslaughter, If the provo
cation Is not in It's nature adequate In the
eye Of the law, or II there has been time
after the provocation was given for thu
passion of q reasonable man to cool
whether it does In fact cool or not, sine,
the safety of the community requires tina
persons shall reasonably control thei
passions.
"And, although there has been SOM
tendency to leave the question In sue
cases to the jury, the law has lon
been settled that mere suspicion, o
even actual knowledge on the part o
husband of past or even continuing
Illicit relations between his wife an
another man is not such provocaton a
will reduce his killing of the man fror
murder to manslaughter, 81 Cyc. 75l
1853. a fortiort, suspicion or eve
knowledge. on the part of man tina
his wife Is being pursued or annoye
by another would not be such provo
cation as to reduce a homicide to man
slaughter. FurthermoreN under tn
present statute In New York, a homl
eide canot be classed as manslaughtel
except when there was no design t
effect death; when that purpose is pres
ent the crime Is murder In ono of 1t
degrees. unless 1t is eAcusable OF justi