The Marion daily mirror. (Marion, Ohio) 1892-1912, 1907-04-11

prevail. You must be guided by your
reason and your judgment.
1.-The case has been flIliy tried
and I have not attempted to. make
any epitome of the evidence. II, in
any illusions I have made to the
racts, my statement does not agree
with your recollection, you should
take your own recollection.
ut is the duty of each jurer to
consider the evidence, all the peril
nent statements of counsel and the
Suggestions of your fellow jurors.
II have .endeayored to faithfully
guard the rights of 'tae defendant as
well as the rights Or the people in
the many rulings have had to
make, and | have tried with clear
ness and fairness to instruct you in
the law.
"The facts must he carefully
weighed. Remember the oaths you
took to well and truly try this
issue. Weigh the evidence carefully.
Consider it and discuss It and re-
turn your verdict according to your
oaths.
| Judge Fitzgerald supplemented his
charge by again clearly defining the
legal definition of reasonable doubt
and saying no man should vote for
a verdict so long as q reasonable
doubt existed In his mind. He did
this by request Of Mr.. Jerome. The
defense also requested special
charge on several points, but Justice
Fitzgerald said that he had practi.
cally dwelt on all of them. with the
exception of q few, upon which he
declined to say anything. He grant
ed the defense an exception to his
ruling. The jury then retired at
5:17 D. M.
| The atmosphere about Thaw and
the members of his family was
heavy with gloom during the judges
charge, the defendant sat in de-
jected mood, his head bowed, his
face palid and his entire appear
ance denoting nervous, apprehen-
sive state of mind. It seemed as
though every vestige of hope had
been taken away from him. All the
confidence and cheerfulness which
were so strongly in evidence yester-
day had disappeared. Fear and doubt
had supplanted them.
A complete change had come over
him b. the time the judge had COM
Ipleted his charge. He began TO real
ize that real danger threatened him,
that his acquittal was by no means
a certainty, and rs he was led out
os the courtroom the debonair style
which marxed his entrance yesterday
morning had entrel disappeared.
The members of Thaw's family
were equally as low In spirits. They
recognize the fact that the judges
charge was by no means favorable
to Harry: they couldn't even con-
strue 1t that way.
None of Thaws counsel would
eomment on the charge, but they
shared in the general opinion that
II was adverse to Thaw.
Shortly after visiting Harry in the
pen, Mrs. Evelyn Thaw left the
building with Dan OReilly, after
telephoning for moment
At $50 o'clock the other members
Iof the family left the building.
Thaw's counsel denied report
that the best they hoped for was a
hung jury.
Under the statutes of New York
murder in the first degree Is pun
ishable with death. murder in ths
second degree by imprisonment for
life. and manslaughter in the first
degree by Imprisonment not to ex-
ceed twenty years. II the verdict
should be one for acquittal on the
ground of insanity, the disposition
of the prisoner would rest with
Judge Fitzgerald. Thaw having al
ready been declared sane by the re.
port of a comisslon which Judge
Fitzgerald has approved and con-
flrmed, 1t would seem that the pris
oner must be released.