Omaha daily bee., 1908-02-02
Jury Finds Whites Slayer Not Guilty
on Ground Of Insanity.
PANEL OUT TWENTY-FIVE HOURS
Hope Of ANY Verdict Practically
Abandoned.
JUDGE SENDS HIN TO ASYLUM
Court Holds that He is a Dangerous
Lunatio.
AT ONCE DEMANDS RELEAs
Attorneys After Conference with His
neither Postpone Films ABDli-
cation for Comnisston tn
Consider Case.

reason. OF insanity at the time the fatal
shots we're fired, Harry Kendall Thaw to-
day was held by the court to be danger
Gus lunatic and was whiried away to the
state hospital for the criminal insane at
AIatteawan. II was quick transition from
the dinEy little cell in the Tombs. which
had been the young mans home for more
than eighteen months. to the white-bedded
wards Of the big asylum tucked away on
the snow-covered sloping banks Of the Hud-
son river fifty miles above the city The
verdict came after twenty-five hours OF
waiting. when everyone connected with the
case mad abandoned every hope Of an
agreement ever being reached in this or any
other trial. Four hours after the foreman
nps had framed the words Not guilty
with the accompanying insanity clause
rhaw. protesting he was sane. was on bis
way 70 Matteawan. A little after night
rain he had been received in the institution
under commitment papers, which directed
his detention until discharged by due
course OF law"
Thaw Bows to Jury.
The first thrill of the words OF acquittal
brought Thaw to his feet in the court
room and. with that lack OF grace Of action
which has always characterized his move
huwed his acknowledgements to the twelve
lurymcn as they were discharged by the
court a smile played about his pailid fea-
lures. and there was every reason to be-
Heve that he was entirely pleased with the
outcome. II was after he had heard the
words % Justice Dowling committing him
to Matteawan on the ground that hts re-
lease. In the opinion OF the court would
endanger the public safety, and after the
eIation OF the verdict had died away. that
Thaw rebeIled He commanded his at
torneys Immediately to sue out writ Of
habeas corpus to have hts sanity tested
before he was seId away to the upstate in
stitution where the insane of criminal tend
enrles were confined. Mrs. William Thaw.
from her hetsL wheea she had received
over the telephone the news OF the triars
end. joined IN the demand of her son. Mar
tin w Littleton, whose conduct OF the case
as Grief counsel Cor the defense has won
SO much favorable comment. finally pre-
vailed against the wishes of the mother.
indicating to her that he believed II would
be better for the, present 10 obey the man
date OF the court.
Peu Fined for ApDmuAe.
only a few spectators were allowed to
enter tile court room when the Jury re-
ported Justice Dowling warned them
against any demonstration. but despite this
Theodore Roosevelt Pell. the noted tennis
player broke into vociferous applause as
the foreman uttered the first words Of the
verdict. Not guilty" ReIl was immedi-
stoly arrested. arraigned before Justice
Dowling after the jury had been discharged
and fined 50 for contempt Of court.
10 vas 1e.2o o'clock. just twenty-five
hours after the jury had retired, that the
first word came from their council room.
An officer was dispatched to Justice Dow
lings chambers TO inform him that the
twelve men were ready 10 report.
District Attorney Jerome and counsel for
the defense quickly assembled. and young
Mrs. Tllaw rushed to her accustomed chair
IN the court room. Justice Downing took
his ssat on the bench at l2:i2 D. m. and il
was about five minutes later that the YER
dict was announced.
Prisoner Not Prepared.
Tie jurors as they took their places in
the box gave no hint OF their conclusion.
In fact. Il was generally believed that a
disagreement would he stated up to the
time Justice Dowiing warned the spec
tators AGAINST making a demonstration.
Thaw was not prepared for the climax Of
has case and there was an appreciahie de-
las in summoning him to the bar
when he had reached his chair az counsel
table. the poll OF the jury was begun
An the doors Of the court room wers
locked and save for newspaper msssengei
no one was allowed to leave the chamber
until the proceeding was over.
Thaw was commanded 20 stand up and
face the Jurors. and they in turn. wer,
called 10 their feet.
Jurors. look upon the defendant; de
fendant look upon the Jurors" called Cieri
Penny Gentlemen Of the jury, have yol
sgreed upon a verdict
I'VE have. said Foreman Gremmels.
what say you. is the defendant guiit,
Dr. not guiltyT'
Net guilty; on the ground that he Ea,
insane at the time of the commission o.
the charge.
Then came the applause which caused
connection IN the court room and spread
che rliInor outside that a great demonstra.
tion was m progress behind the big Oaker
doors.
ORDERS Execution Delayed.
AT tue request Of the defendants eoun
sci Justice D0wling has delayed the els
-cution Of the order committing rhaw 4
he asylum TN p. m. 10 allow eounse
% confer as % whether OF not VIII o.
1aleas corpus will be sued out to hav,
US sanity tested by a commission befor'
hc - taken away % Mafteawan.
Tie Jury an refused 20 divulge the secret
az their deliberations further than to sa,
at fourteen ballots were taken
trtrr the decision was reached 20 TAX
-naw o Mattea&an this afternoon.
Nrv W1iam Thaw received AZ the up
y1Sn lGtoi whers she has been stopping
tie news Of her s0us acquittal. She va
taled 10 iho Telephone as the jury nles
mo court and held there until William
IAose cr AR Peabody's Office could tel
me udInss over The wire
rhaw showed no emotion other than III.
characieristic smile which has 50 ofte,
played about his lips. His wife fIiishea