The Greenville times. [volume] (Greenville, Miss.) 1868-1917, 1908-02-02
IN A FORTY MINUTE DEcLAR.
ALTON.
As TO WHAT lis INSANITY
Explicit-Jury to Take All Exfib-
its in the Case With Thenn-Retir-
cd at II 40 A. NJ.

second time, the fate OF Harry K.
Thaw, slayer Of Stanford White, pass
ed into the hands OF a jury OF his
peers.
The twelve jurors retired at II:4o
am, after listening to charge from
Justice Victor J. Bowling, who sought
to impress upon them that the bur
den OF proving the sanity Of the &c
PENDENT rested upon the prosecution
throughout the trial, and declared
that il from al the evidence in the
case the jurors entertained reason
able doubt as to his sanity, the de-
PENDANT was entitled to- the benifit Of
that doubt.
At Bht same time, he pointed out
the provisions of the statute which
provide that the only persons ex-
cused from criminal responsibility
are those who suffer from such de-
feet of reason as either not to know
the nature or quality OF their act, or
not not to know that their act is
wrong.
Some may hold that this is too
hard a test" commented the court
"but it IS the law. 1t is clear, explicit
and reasonable. Mark you, that the
law says that "a defect of reason.
and | must instruct you tE1at a defect
of reason is not an opinion man
may hold as to the correctness OF his
own acts, or an opinion that the
laws of the land are wrong. Hatred
and revenge are not insanity Most
crimes are committed from just such
motives as these"
Mrs. William Thaw, her son. 10
siah and ner daughter, Mrs. George
L. Carnegie, and Mrs Evelyn Ne5b:-
TlNaw were in the courtroom while
Justice Bowling read the charge
From the moment the first words
came from the bench until the jury
had filed out to begin its delibera
tons the court room doors were
locked and no one was allowed to pass
in or out.
AS the jury was abort TO leave the
box Justice Bowling asked if they DIS
sired any OF the exhibits in the case?
Foreman Gremneis replied thar
Sic jury woald like to have them all
Thaw was compelled To stand and nod
his formal assent TO this action.
The defendant listened intently to
the judges charge, the reading of
which occupied Just forty minutes
The fact that the jury desired to ex~
anime the exhibits was taken to indi-
cate that they will be some time at
their deliberations.
While on the subject of reasonable
doubt Justice Downing said that the
doctrine applied as we'll to the grade
OF the crime as to the question OF i'll
nocence or responsibility or irres-
possibility.
knowledge OF the nature or quail
ity of a defendants action included
the issue as TO whether or not he
knew he was firing a loaded pistol
The defendant had right to expect
the benefit of the doubt as TO this
as well as TO other material issues
The trace of insanity in collateral
branches of the prisoner family,
Justice Downing said, had proper
place in the testimony, and was wor-
thy of consideration.
Justice Bowling defined the various
degrees of murder and manslaughter
recognized under the laws, and then
added that the jury in its deliber-
ataons was bound by the terms Of
the Indictment
If your verdict should be not gull
ty he said, under the. specifications
Of the defndant's plea as to insanity,
you will add to the clause, on the
ground of the defendant insanity at
the time of the commission of tfle
acts charged in the indictment. In
nuy other verdict you render you will
specify the degree
After the jury had been retired JUS
tice Bowling and opposing attorneys
congratulated each other upon tbs
expedition of the trial and in the ma n,
ner Of its conduct.
Justice Downing said his decision
to throw al sessions open to the pub
lie had been justified BY the way thu
case t.d been handled BY the pres
Mrs William Thaw visited hel
- for me flsst sims y the prison
| - ~ =, ipslx = a fhesoau
yeps and then I'll the st,ssft roeun