The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-02-01
After Twelve Hours Of
Conference, Court Ad-
journs for Night.
LITTLE HOPE OF J,
GETTING VERDICT
Persistent Rumor, Which COIN.
sci Seem to Believe, Of Hope
less Division-Jury Said to
Stand Eight to -Four.
Third Trial Is
Probable.


" aiting for nearly twelve hours for
the Jury in the Thaw case to report,
Justice Dowling. shortly after II
o'clock tonight, ordered the doors of
the Jury room locked up for the night,
and adjourned court until 1890 A. M.
when he will hear any report they
have to make.
Tho rumor was persistent throughout
the evening that the jurors We're hope
lessly divided. Thaw retired dlscon-
solately TO his cell In the Tombs. He
expressed the fear that third trial
would be necessary. This was the gen.
eral opinion or the court attaches.
Given TO Jury Early.
Atala late hour tonight the jury. which
retired at 11:40 this morning. was still.
out, and no order had come from the
Jury room to indicate in any way the
trend of It's deliberations. After the
Jury went silently to dinner and re-
turned, the guards at the doors heard
no sounds OF arguments from the jury
room The jury called for all the eX-
llibits in the case before 1t retired.
and 1t Is evidently determined to reach
Its verdict without asking for informa-
tion or further instructions from the
court
AS in the first trial. there is a
rumor that the jury is divided eight to
four. This Is only a rlmor among
the attorneys. however. and has no
definite foundation.
Harry Thaw sat up late in his cell
In the Tombs hoping to hear somo en-
couraging word. but his. attorneys
ale sester 0 than M ano}her s pe disasresment ii es
Martin ". Lltt1eton. the chief counsel
for the defense. insisted late tonight
/ that he was still Of the opinion that a
favorable verdict would be reached.
/ ut his associates were sure no deci :
i ion would Z, reached.
The Young Wife Wnits.
i Mrs. Evelv- y EST r'taw remained
/ tie Criminal Courts Building watt
!; Ing Tor the july - eome IN. but Mrs
William Thaw, he mother and Mrs
Carnegie. the sister OF the defendant
went home at noon after having list
4 Aned to Justice Dow1 ng's charge a
large. crowd remained In the courthouse
corridors anxious to witness the clos-
Attorney Jerome would not say what
i his course would be in case of another
disagreement butit Is expected that Ii
he Will demand the third trail.
Charge OF the Judge.
after listening to the charge from Jus
4 tice Dowling. who sought to impress
upon them that the burden to prove
the sanity OF the prisoner rested upon
the prosecution throughout the trial,
dence.. in the case the Jurors enter
talned a reasonable doubt as to his
sanity. the defendant was entitled to
the benefit Of that doubt. At the same
time he pointed out the provisions OF
the atute which provides that the
4 only persons excused from criminal
responsihility are those who suffer from
such a defect OF reason either not to
49, thr.j,
net or lot to know that the act is
! wrong. Some may hold that this is
too hard test, commented the court,
4 Mark you, that the law gays "a de-
Z feet OF reason" and ] must instruct
ehat aafect maY q reaS9n SoiS Is not
! Justice or correctness of his own acts
or an opinion that the. laws OF the
land nnt are ,wrong Aatred and
committed from Just such motives rs
these. s.
Entitled to the Doubt.
While on the subject OF reasonable
doubt, Justice Bowling said the doc
ntatsn noeence o or responsibilisy or irpespon-
sibiity. knowledge of the nature or
tbe ssue as to whether not he knew
! he was firing a loaded pistol, The
defendant had right to expect the
benefit of the doubt as to this as we'll
. as other material issues. The trace
j OF Insanity In collateral branches OF
n the prisoners family. Justice Dowline
said, had o proper place In the testi-
4 mony and was worthy Of considera-
j tlon, Justice DowlingS defined tile va.
Il rious degrees OF murder and man.
j slaughter recognized under the laws
!. and then added that the jury In it.
!, deliberation was not bound by thu
Il terms of the Indictment.
IF your verdict should be not gull.
ty." he said. "and II you find that
d contradictory or inconsistent state,
!. ments were actually made BY her OF
Il by any witness us to matters
i actually involved In the main issue
ii herein as testified to- you may> ia Ice
!: that into consideration iii arriving al
i conclusion as to the ecredibility Of
!. such witness or witnesses, But con-
!, ,Etradlctory or inconsistent Statements
i as to trivial or collateral matters Ire
!. not to be considered by you as affect
:, ing the credlbility3 of a Witness, I'm
!, del the specification of the defendunt's
] plea as toginsanity you will add the
= clause, 'on the ground Of the defend
] ants insanity at the time of the COM
mission Of the acts charged In the in
I dlctment.' In any other verdict you
render you Will specify. the degree.'S
] !. !