Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1908-02-01

NEW YORK. Jan. 3l.--Tsday ror the
second time. the fate % Harry X, Thaw,
slayer of Stanford White. passed into the
hands OF jury OF his peers. The twelve
jurors retired At ii:t0 a. NJ, after llstehins
to a charge from Justice Victor :. Bowling
who sought TO Impress upon them that the
burden 20 preve the sanity OK the defendant
rested upon the prosecution throughout
the trial and dscsared that II from all the
evidence IN the case the Jurors entertained
a reasonable doubt as TO his sanity, the
defendant was entitled to The benefit OF that
doubt At the same tiiAe he pointed out
the provisions Of tho statute which pro-
vidas that iha only persons excused from
criminal responsibility ers those who sur
Ter from defect % reason ~ either not
to know the nature o. quality NJ their act
or not 10 know that tha act ia wrong,
Some may hold that this is too hard
test. ooaanoHted the eouFtI but It is the
law. Il IL clear, explicit and reasonable.
Mark you that the law says defect Of
reason and | must instruct you that a de-
feet Of reason Is not an spinieH = man may
hoid az 90 tho Justice oF correctness OF his
own acts, or an epiRisa that the laws of
the lard aFe wraAz, Hatred and revenge
are not insanity. Nest crimes are COM
.JuYy TaiEss All E4hIbits.
Mrs. william Thsw, ner son. Josiah,
and hsf daughter, MFs. dFeeFge l. Carnegie,
and Evelya NssBlt ThEw, were in the court
room while Justice Dowiing read his
charge, From the msment the first words
eanas from the bench until the jury had
fiisd out 10 begin its deliberations the
court room dasFs weFe Locked and no ens
was allowed 10 nass in or out
As tho jury was about to leave the box,
.IaHtios bssgias asked II si,sy dssirsd any
Of the eEhihits in the ease, Forsman Grem-
lnuia repilsd that the jury would like to
have them all, ThaW was compelled to
stand and md his formal assent to this
adtlon.
rhs defendant listened intsntly to the
Judges charge, the reading of which oe-
cuplad Just forty minutes, The fact that
tha Jury desired 70 examine the exhibits
was takah 10 Indicate that they will he
aons tins "a their daiibsrations
While on the subject Of reasonable doubt
Juatios DoWlins said the doctrine applied
AZ we'll to the grade OF crime as wall as to
The question Of innocence or responsibility,
like FeEpenHibGlity or irresponslhility
knowledge of the nature or quality Of a
defendants antlen included the issue as to
whether oF not ne knew he was firing a
loaded pistol The DESCENDANT had a right
"a expect the benefit of the doubt as 10
this "a we'll "a TO ether material Issues
Various Degrees of Crime.
Tho traea OF Insanity in collateral
branches OF the prisoners family, Justice
DawiinE said, had a proper place in the
testimony and was worthy OF consideration
Juut,ee Dowiins defined the various de-
EFocH OF murder and manslaughtsr reees-
nihed undsF the laws and then added that
tha Jury IN ita deliberations was not bound
bS tho terms OF the indictment,
III your verdict should be net guilty.
he said under the specification Of the de-
fendant'a plea as 70 insanity, you will add
tho clause, 'on the ground Of the defsnd
arts insanity at the time % the oomRis-
sion OF th0 acts efaFEsd In the indietment
In any other verdict yea render you will
speeify the degree"
After ths jury had retired Justice BowI-
Ing ara the opposing attern-ys eahErutu-
lated cash ethaF ubsh the expedition OF
the trial And the mahnsF of It's senduot
Justice poSiinE said his decision 60 throw
al sessions open 60 the public had been
juAtified BY the way the case had been
handled BY the prsas.
Mrs wiIilan rhaN visited her son for ,
tlHne IN the prisoners room just outside
ne court chamber and then len the court
house, YeunE Mrs Tha~ remained.
The following verdiots are possible IN the
case;
Murder In the frat dsErss-psnalty.
death
Murder IN tho second desree-penalty.
lifr inprieonmeut
Msnsieughter IN tho frat dsgree-penalty.
not 70 exceed twenty years imprisonment.
Not guilty on tho ground of insanity Al
the time the crime was committed. proha-
bly, commitment 20 MatteaWan asylum.