The Topeka state journal., 1908-01-31
Goes TO THE JURY
Fate of Harry X. Thaw, Accused
Of Numbering White,
Is Again in the Hands Of IL OF
His Peers.
THEYRETIRED AT11:4O
AS%o- Ts.xo:- l. IT, ELc--n
After Listening to the Charge
of Justice Bowling.
Verdict Rests Upon Mental
State of the Defendant.

New York, Jan. 31.-Today for sec
ond time, the fate of Harry K. Thaw,
slayer of Stanford White, passed into
the hands of jury of his peers. The
12 jurors retired at 11:40 a. M, after
listening to a charge from Justice Vic
tor j. Bowling, who sought to impress
upon them that the burden to prove
the sanity of the defendant rested upon
the prosecution throughout the trial
and declared that if from all the evil
dence in the case the jurors entertain
ed a reasonable doubt as to his sanity
the defendant was entitled to the bene-
fit of that doubt. At the same time he
pointed out the provisions of the sta
tute which provides that the only per-
sons excused from criminal RESPONSE
bility are those who suffer from such
defect of reason as either not to
know the nature or quality of their act
or not know that the act is wrong.
Some may hold that this is too hard
test commented the court; but it is
the law. It is clear, explicit and rea-
sonable. Mark you that thS law says
defect of reason and / must instruct
you that a defect of reason is not an
opinion 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
Mrs. William Thaw, her son Josiah
and her daughter, Mrs. George L. Car
negie, and Evelyn Nesbit Thaw were
in the court room while Justice Dowl-
ing read his charge. From the moment
the first words came from the bench
until the jury had filed out to begin its
deliberations the court room doors were
locked and no one was allowed to pass
in or out.
AS the jury was about to leave the
box Justice Bowling asked if they de-
sired any of the exhibits in the case.
Foreman Gremmels replied that the
jury would like to have them all. Thaw
was compelled to stand and nod his
formal assent to this action.
The defendant listened intently to
the judges charge, the reading Of
which occupied just 40 minutes. The
fact that the jury desired to examine
the exhibits was taken to indica1e
that they will be some time at theH'
deliberations. While on the subject
Of reasonable doubt Justice Bowling
said the doctrine applied as well to
the grade of crime to the question
OF innocence of responsibility. Know
ledge of the nature or quality of a
defendants action included the issue
as to whether Or not he knew he
was firing a loaded pistol. The de-
fendant had a right to expect the
benefit of the doubt to this as well
as to other material issues.
The trace of insanity in collateral
branches in the prisoners family,
Justice Bowling said, had proper
place in the testimony and was
worthy of consideration.
Justice Bowling defined the va
rious degrees of murder and man
slaughter recognized under the laws
and added that the jury in its delib-
erations was not bound by the terms
of indictment.
eff your verdict should be not
guilty. he said, under the specifica-
ton of the defendants plea as to in
sanity, you will add the clause ON
the ground of the defendants insan-
ity at the time of the commission of
the acts charged in the Indictment
In any other verdict you render. you
will specify the degree" After the
jury had retired Justic Bowling and
each other upon the expedition Of
the trial and the manner of its con-
duct.
Justice Dowling said his decision
to throw all sessions open to the pub
lie had been justified by the way the
case had been handled by the press
Mrs. William Thaw visited her son
for time in the prisoners room just
outside the court chamber and then
left the court house.
Young Mrs. Thaw remained.
The following verdicts are possible
in the case:
Murder in the first degree-penalty
death; murder in the second degree
penalty life imprisonment; man
slaughter in the first degree-pena1ty
not to exceed 20 years imprisonment.
Not guilty on the ground of insanity at
the time the crime was committed
pro bably commitment to Mattewan
asylum.