The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-02-01
0LITTLETON IS HOPEFUL
FOR FINAL ACQUITTAL
Justice Bowling Waited Nearly IL
Hours For a Decision and Then
Ordered the Jury Locked
Up For the Night.


for nearly IL hours for the jury in the
Thaw case to report, Justice Bowling
shortly after IL o'clock tonight ordered
the doors of the jury room locked for
the night and adjourned court until 10:30
a. M, when he will hear any reply they
have to make.
The rumor persisted throughout the
evening that the jurors were hopelessly
divided, to 4. Mr.. Littleton of the de-
fense, expressed the belief that the ma
dority favored q verdict of not guilty
on the ground OF insanity and when he
left for his home was still hopeful that
decision eventually would be reached.
District Attorney Jerome said
Nobody can tell what a jury will do,
so what is the use of specializing.
Thaw retired disconsolately to his cell
in the Tombs. He expressed the fearsthat
q third trial would be necessary. This
was the general opinion held by the
court attaches. The attorneys in the
case all We're deeply disappointed by the
trend of affairs as every one had hoped
that some definite conclusion might this
time be reached.
Mr. Jerome would not discuss the prob
dDlllly Ol d tAlu tlidi5 Dut ooAN - 'AASt
was one, it might be in some other juris-
diction of the state than New York
county
Mrs Evelyn Nesbit Thaw remained at
the criminal courts building, waiting for
the jury to come in, but Mrs. William
Tha% sSnd Mrs. Carnegie went home at
noon, after having listened to Justice
Dowling's charge. A large crowd re-
mained in the court house corridors.
anxious to witness the closing scenes
of the noted trial.
Charge To Jury.
In opening his charge to the jury JUS
tice Dowling impressed upon the jurors
the responsibility which was theirs tell
ing them that they should bear in mind
that upon their verdict depended the life
or liberty of the prisoner
your verdict must not be influenced
by any matter outside the record" said
he. Neither passion sympathy
should sway you in your deliberations.
You must not speculate or guess as TO
matters in evidence here, but must de-
eide the issue solely upon your calm,
dispassionate Judgment as to the weight,
crediblity and meaning of the testimony.
Nor are you concerned with the punish
ment which may follow verdict of
guilty at your hands, Your sole function
Is 10 determine IL ally ClliiiO iitAS oCCh
committed, its grade. and leave the ques-
ton of penalty to those responsible for
Its imposition"
Justice Dowling told the jurors they
should bear in mind that the prisoner IS
presumed to be innocent until the jury
has been convinced beyond a reasonable
doubt that he is guilty, and the burden of
proof of every element rests upon the
prosecution throughout. 1t was with 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 of
Importance to be given to the testimony
of any witness.
After explaining at length the consider
atoms that the jury might take into &C
count in Weighing the testimony of wit
nesses, Justice Dowling referred to the
so-called Hummell affidavit. He had told
them that If a witness had been convicted
of crime. they might consider that fact
In weighing his testimony and also that
If they found that any witness had de-
iiberately testified falsely they were at
liberty to disregard his testimony entirely.
Mrs. Thaw's Affidavit.
you will recollect that the affidavit
of Evelyn Nesbit was not received in evil
dence as affording proof of either the
truth or falsity of the statements therein
contained" said he, "but solely for the
purpose of seeking to establish the fact
that the witness had made statements
under oath contradictory of or inconsis-
tent with those made by her upon this
trial. And If you find that contradictory
or inconsistent statements were actually
made by her, or by any other witness as
to the matters actually involved In the
main issue herein as testified to, you may
take that into consideration in arriving
at a conclusion as to the creditability of
such witness or witnesses. But con-
Trajectory or inconsistent statements as
to trivial or collateral matters are not to
be considered by you as anecting credit
ability of witness"
The various degrees of homicide were
defined and the justice devoted much
time to calculating the legal meaning of
the words deliberations and 'premedita-
tions" These words. he said, imply the
capacity at the time of the crime to think
and reflect and by the use of these
powers to refrain from doing wrongful
act. He said that in the consideration of
deiberation and generalization the jury
might take into account the acts OF the
defendant Immediately preceding the
shooting his act upon the roof garden
and the incidents attending the shootlng
itself.
Voluntary Agent.
"A sane man. a voluntary agent acting
upon motives must be presumed to con-
template and intend the necessary, nat
ural and probable consequences of his own
acts,' he continued. "If, therefore, one
voluntarily or wilfully does an act which
has direct tendency to destroy another 8
life, the natural and necessary conclusion
is that he intended to destroy life. You
are not to be prejudiced by any testimony
which reflects upon the character OF the
decedent.
"There is no testimonyq to controvert
the proof that Stanford White came to his
death as the result Of pistol shot wounds
kCONTINUED ON PAGE 2l :.