Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-02-01
JUSTICE BOWLING INSTRUCTED
THE JURORS THIS MORNING
AND TWELVE MEN RETIRED AT
11:4o O'CLOCK.
VERDICTIS NOT
EXPECTED SOON
FACT THAT THE JURY ASKED
FOR ALL EXHIBITS TAKEN AS
INDICATIONS THAT DELIBERA-
TIoNs WILL BE DRAWN OUT.

New York, Jan. 81. - The Thaws.
jury retired at 11:4O O'Clock this
morning after Justice Dowling had
charged them on the law and evil
dence. They took all the exhibits In
the case with them.
In opening his remarks Justice
bowling impressed upon the jury the,
responsibility which was theirs. tell
Ing them that they should bear in
mind that upon their verdict depend
ed the life or liberty of the prisoner.
Jury Charged Against Sympathy
Your verdict must not be infiu-
enced by any matter outside of the
record" said he Neither passion nor
sympathy should sway you in your
deliberations. You must not speculate
or guess as to the matters in evi-
dence here, but must decide the Is
sue solely upon your calm, dispassion.
ate Judgment as to weight, .credibii-
ity an dmeaning of testimony.
Nor are you concerned with the
punishment which may follow a ver-
dict of guilty at your hands. Your
sole function is to determine if any
crime had been .cogsmitted .sild Its.
atty to those responsible for its i'm.
position"
/ The justice told the jurors that
they should bear in mind that the
prisoner Is presumed to be innocent
until the jury has been convinced be.
yond any reasonable doubt that he is
guilty and that the burden of proof
as to every material element rests
upon the prosecution throughout. 1t
was within the power of the jury to
accept or reject the testimony of any
witness In whole or in part and also
to determine the weight or impor-
tance to be given to testimony of any
witness.
Court Defines Insanity.
The justice pointed out the pro-
visions of the statute which provided
that the only persons excused from
criminal responsibility are those who
suffer from such a defect of reason
!. as not to know the nature or quality
: of their act or not to know the act
, was wrong.
Some may hold that this is too
hard test, commented the court,
), "but 1t is the law 1t is clear, explicit
. and reasonable. Mark you the law
. says defect of reason and must in
struct you that defect of reason Is
, not the opinion man may hold as
K
v own acts, or his opinion that the laws
. of the land are wrong. Hatred and
t revenge are not insanity. Most crimes
. are committed from just such motives
!, as these"
!, Jury Takes Exhibits With Then,
Mrs. William Thaw, Josiah Thaw
}. Mrs. George l.. Carnegie and Evelyn
il Nesbit Thaw were in the court room
}. while the justice read the charge.
g From the moment the first words
: came from the bench until the Jury
h had filed out to begin its de.
liberations the courtroom doors were
locked and no one was allowed to
= pass in or out. The defendant listen
9 ed intently to the judges charge
. the reading of which occupied just
. forty minutes. The fact tha. the
! jury desired to examine the exhibits
. was taken to indicate that they, viii
= be some time at their deliberations
The Possible verdicts.
. The following verdicts are possible
! in the case:
. Murder in the first degree; penalty
@ death.
Murder in the second degree; pen
q atty. life Imprisonment.
. Manslaufhter, first degree; penalty
,f not to exceed 20 years. Imprisonment
- Not guilty on the ground of insan
:. ity at the time the crime was com
- mitted; probably commitment te
- Mattewan asylum.