Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-01-31
INSTRUCTIONS FAVORABLE.
If Is Any Reasonable Doubt as to
His Sanity, Must be Re-
solved in His Favor.
Most Crimes Committed from Hatred
And Revenge, Which Are
Not Insanity.

ond time the fat of Harry Is. TnaW,
slayer of Stanford White, passed into
the hands of jury of his peers. The
IL jurors retired at 11:4O a. m after lis
tening to a charge from Justive Victor
]. Bowling, who sought to impress up
on them that the burden to prove the
sanity Of the defendant rested upon
the prosecution throughout the trial
and declared that If from all the evil
denoe in the case. the Jurors enter
tanned n 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 statute which provides that the
only persons excused from criminal
responsibility are those who suffer
from such n defect of reason as either
not 10 know the nature or quality of
their act or not know that the act is
wrong.
Some may hold that this Is too hard
Il test" commented the court, but 1t
is the law. 1t is clear explicit and
reasonable, Mark you that the law
says Il defect of reason and | must
instruct you that defect Of reason is
not an opinion man may hold AS to
the justice or correctness If his own
acts or an opinion that the laws OF the
land are wrong. Hatred and revenge
are not insanity. Most crimes are COM
mitted from just such motives as
these
FAMILY RESENT.
Mrs William Thaw. her son. Josiah,
ana her daughter; Mrs; George L.
Carnegie and Evelyn Nesbit Thaw
We're in the court room while Justice
Bowling read his charge. From tho
moment the first words came from
the bench until the jury had filed out
to begin its deliberations, the court
room doors were locked and no one
was allowed to pass In or out.
AS the jury was about 10 leave the
box Justice Bowling asked IL they de-
sired any OF the exhibits in the case.
Foreman Gremmels replied that the
jury would 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 40 minutes. The fact
that the jury desired TO examine the
exhibits was taken to indicate that
they would be some time at their deib-
erations.
While on the subject of reasonable
doubt Justice Bowling said the doc
trine applied to the grade of crime as
we'll as 10 the question of innocence of
responsibility.
knowledge of the nature or quality
of a defendants action included the
issue as TO whether or not he knew
he was firing q loaded pistol. The de-
PENDANT had a riGlss to expect the BEN
eft of the doubt as to that as well as
TO ether material issues.
AS TO INSANITY.
The trace of insanity in collateral
branches of the prisoners family, JUS
tice Bowling said, mad d proper place
in the testimony and was worthy Of
consideration. Justice Bowling defined
the various degrees of murder and
manslaughter recognized under the
laws and then added that the jury in
its deliberations was not bound by the
terms of the Indictment.
III your verdict should be not gull
ty," he said, under the specification of
the defendants plea as to Insanity, you
will add the clause on the ground OF
the defendants insanity at the time of
the commission of the acts charged m
the Indictment In any other verdict
you render You win specify. the de-
gree"
After the jury had retired Justice
Bowling and the opposing attorneys
congratulated each other upon the eX-
of it's conduct. Justice Bowling said
his decision to throw all sessions open
to the public had been justified by the
way the case had been handled by the
press. Mrs William Thaw visited her
son for O time In the prisoners ROOM
just outside the court chamber and
then left the courthouse, Young Mrs
Thaw remained.
CHARGE TO JURY.
Arguments In the case OF Harry X.
Thaw, on trial for the killing of Stan
ford White June %. 1906, having been
closed yesterday, Justice Victor J..
Bowling today charged the jury on ths
law and the evidence,
In opening, Justice Bowling impress
ed on the jury the responsibility which
was theirs. telling 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 amy matter outside the record said
he. Neither passion nor sympathy
should sway you IN your deliberations,
You must not speculate or guess as
TO matters IN evidence here, but must
decide the issue solely upon your calm,
dispassionate Judgment as 70 the
weight, credibility ana meaning OF the
testimony, Nor are you concerned with
the punishment which may follow a
verdict at your hands, Your sole func-
ton Is TO determine II any crime has
been committed. It's grade, and leave
the question Of penalty 10 those re
sponsible for its imposition"
INNOCENCE PRESUMED,
Justice Bowling told the jurors they
should bear IA mind that the prisoner
Is presumed 10 be innocent until the
| fury has been convinced beyond a rea-
sonable doubt that he Is guilty, and
that the burden Of proof as to every
material element rests upon the prose-
cution throughout
IL was within the power of the jury
| 10 accept or reject the testimony ui
any witness IN whole or IN part, and
| ALSO 10 determine tho weight OF inn
! portance 10 be given TO the testimony
OF any witness, After explaining al
length the considerations which the
! jurors might take into account III
Weighing the testimony Of witnesses
Justice Bowling referred 10 the So
called Hummel amidaNt lie had I'D
them that II a witness had been con-
| Vdctad OF ctdttae they might consider