Evening star., 1908-01-31
HARRY THAW'S FATE
IN JURORS HANDS
Justice DowIing Completed
Charge This Morning.
0lIECTl0M ne Enh1 ChMITv
QUESTION OF LEGAL SANITY
Prisoners Relatives Were in Court
at the Time.
CASE NAY OCCUPY SOME TIME
Foreman Asked for All the Exhibits
and They Were Taken to the
Consultation Room.

who has been on trial since Janu-
ary 6 in the criminal branch Of the
supreme court for the killing OF
Stanford White, was given into
the hands of the jury by Justice
Bowling shortly before noon.
The justice began his charge
when court opened at 1855
o'clock 1t was long and exhaust.
i've. Through it all Thaw sat un-
moved in his chair. The keepers
in the Tombs said that during the
morning the prisoner had express
ed confidence in his acquittal. He
had already begun the usual
preparations to leave that a pris-
oner makes under the same cir
cumstances. Justice Dowling fin
ished his charge at II IS O'Clock.
When the jury retired it was the
general opinion of those in the
courtroom that its members would
be long in coming to conclusion,
if it reached definite one at all.
NEW YORK. January 31.-Today. for
second time. the fate of Harry X. Thaw.
slayer OF Stanford White. passed into the
hands of jury Of his peers. The twelve
jurors retired at 40 am. after listen
ing to a charge from Justice Victor J.
Bowling. who sought to impress upon
them that the burden to prove the sanity
of the defendant rested upon the prosecu-
tion throughout the trial. and declared
that If from all the evidence in the case
the jurors entertained a reasonable doubt
as to his sanity. the defendant was en-
titled to the benefit OF that. doubt. At
the same time he pointed out the pro-
visions Of the statute which provides that
the only persons excused from criminal
responsibility are those who suffer from
such defect of reason as either not to
know, the nature or quality of their act
or not to know that the act is wrong.
Some may hold that this is too hard
a test" commented the court, but 1t Is
the law. It is clear. explicit and reason
able. Mark you. that the law says
defect of reason and / must instruct
you that defect of reason is not an
opinion a man may hold as to the jus
tice or correctness of his own acts. or
an opinion that the laws of the land are
wrong. Hatred and revenge are not in
sanity. Most crimes are committed from
just such motives as these.
Thaw Family Present.
:,
and he- daughter Mrs George l.. Car
pegie, and Evelyn Nesbit Thaw were in
the courtroom while Justice Bowling read
his charge. From the moment the first
words came from the bench until the
jury had filed out to begin its deliber-
ations the courtroom doors were locked
and no one was allowed to pass In or out.
AS the jury was about to leave the box
Justice Dowling asked if they desired
any of the exhibits in the case. Foreman
Gremmels replied that the jury would
like to have them all. Thaw was COM
pelled to stand and nod his formal as
sent to this action.
The defendant listened intently TO the
Judges charge, the reading of which
occupied forty minutes. The fact that
the Jury desired to examine the exhibits
was TAKEN " tiiA lhoy "iii ~
some time at their deliberations.
Reasonable Doubt.
While on the subject of reasonable
doubt Justice Bowling said the doctrine
applied as well to the grade of crime as
TO the question of innocence or
responsibility or responsibility. knowl-
edge OF the nature or quality Of de-
fendants action included the issue as TO
whether or not he knew he was firing a
loaded pistol The defendant had a right
TO expect the benefit of the doubt as TO
this as we'll as to other material issues.
The trace of insanity inl collateral
branches of the prisoners family, Justre
Dowling said. had proper place In tue
testimony and was worthy OF considera-
ton.
Justice bowling defined tho various de-
grees Of murder and manslaughter reccs-
nized under the laws. ana then addsd
that the jury in it's deliberations was not
bound by the terms of the indictment.
Evelyn Stands by Thaw.
IF your verdict should be not guilty"
he said. under the specification of the
defendants plea as to insanity you will
add the clause, 'on the ground Of the de-
fendante insanity at the time of the
commission of the acts charged in the in
dictment In any other Verd'ct You rem
der you will specify the degree"
After tie jury had retired Justice Dow
ling and the opposing attorneys ccngrat-
ulated each other upon the expedition of
the trial ana the manner Of its conduct.
Justice Bowling said his dec sitn TO
throw all sessions open to the public had
been iuttfed by the way the case had
been added by the cress.
Mrs. William Thaw visited her son for
a time y the prisoners room. just oppo-
site the court chamber, and then left the
Young Mrs. Thaw remained
Possible Verdicts.
The f4llowing verdcts are possible in
the casel
Murders in the first degree; penalty.
death.
Murder in the second degree; penalty.
life imprisonment
ManslauGhter in the first degree: pen.