New-York tribune., 1908-02-01
THAW JURY STILL OUT
HIS CASE TWELTE HOURS,
Both Sides Vel Pleased srith Jas
fice's Charge.


After considering the evidence in tie Thaw
case from II 40 yesterday morning until IL :o9
last night. the jury took a recess until 1o:3o
this morning. With the exception of the lunch
con and dinner recesses the jury considered the
case for nearly twelve hours.
The jury called for all the exhibits in the
case before il retired and is evidently deter
mined reach its verdict without asking for
information or further instructions from the
court As the first trial. there was a rumor
that the jury was divided eight to four for ac-
quittai. This only rumor among the at
torneys, however and mad definite founda-
fion.
Harry Ti,aw sat uIo in his cell until the jury
retired for the night. hoping to hear some en-
courag ging word. hut his attorneys could offer
him no hope Of anything better than another dis
agreement Martin W. Littleton, the chief counsel
for the defence. insisted that he still Of the
opinion that a favorable verdict would be
reached
Mrs Evelyn Thaw remained at the Criminal
Courts Building waiting for the jury TO come in,
but Mrs. William Thaw. the mother. and Mrs.
Carnegie. the sister of the defendant went home
at noon, after having listened to Justice Dow
lins's charge. = large crowd remained in the
courthouse corridors anxious witness the clos
ing scenes of the trial.
District Attorney Jerome would not what
his would be in OF another disagree
Iaent. but is said that he viii demand a third
trial
O'RElLLY EXPECTS DISAGREEMENT.
Just after the jury came back from dinner last
night Daniel O'Reily. of counsel for the defence,
was asked it he considered the length of time
that The jury was out was favorable 10 the de-
fence
Il don't know" he replied. I do not think it
looks like acquittaL
You don't think il looks ike conviction
No. il may he disagreement
II took Justice Bowling only forty minutes -
charge the jury. which retired exactly lab
O'Clock. TWO court officers being sworn to guard
them. Neither side asked for any special charge
and both expressed satisfaction With the general
tenor Of that delivered ley Justice Bowling The
greater part Of il concerned with the defini
tion of legal insanity and the evidence necessary
10 show that Thaw was insane the June night he
shot and killed Stanford White Justice Bowling
explained the various degrees of murder or man.
slaughter in which a verdict might be returned,
explaining to the jury that they were not bound
by the terms OF the Indictment He explained
what constituted a reasonable doubt and how
they should regard the credibility of witness.
Discrepancies in material facts, he Sd d, the:
must consider affecting nulifying all the
rest Of the evidence Of j particular witness, but
they could disregard discrepancies in immaterial
or collateral testimony.
INSANITY IN FAMILY
$ TO insanity. he defined those forms which
hold a man irresponsible under the law He
said thcy might consider the presence Of insanity
not alone in direct line of the prisoners fam
lily out in collateral branches as we'll estab-
fishing d tendency TO insanity further back in
the direct line. He said that an insane deluson
concerning the acts or possible acts of another
person did not excuse konEcide unless the delu-
sion was of such character if it We're true. to
make the killing justifiable homicide. The truth
or falsty he teld the jury Of the statements
made 10y Evelyn Thaw or any other witness II
the prisoner WAS not 20 be considered. merely
the fact tnat il not told the prisoner,
as his act must he considered only from the data
he had To reason
Al the outset Justice DowlinC warned the jury
that the presumption that thu prisoner
innocent and that the burden of proof rested on
The prosecution The justice explained the lati
tude allowed the Jurors in weighing the credi-
hitE of the Witnesses commenting in this
gard. .You viH recoect that the affidavit of
Evelyn Thaw WAS lot received in evidence
afTording proof of either the truth or f4lsity al
the statements therein contained but solely for
the purpose Of seeking 10 blish the fact that
the witness had made statements under oath
contradictory of. or inconsistent with, those
made by her al this trial
Justice Downing defined the various degrees
Of homicide murder nansaugfter. excusahle
homicide or justiTai,le homcide-and the law.
Sections - and II Of the Penal Code. applicable
to the defence cf insanity.
.-DELIBERATION" AND "PREMEDITATION"
He explained TO rhe jury the meaning Of the
words 'deliberati"n'' and 'premeditatioa' in
connection with verdict OF murder in the first
degree An act co-exis5ent with and insepa-
rable frcTn sudden impulse he said. cannot
be deemed deliberate. as when under sudden and
great provocation one instantly. although unin-
tcntonally. kills another. But the statute is not
satisfied unless the intention was delberated
upon II the impulse IS followed hy reflection
that is. GelibeTation-hestation even may imply
deIiberation; my threats against another.
and selection of means with which to perpetrate