The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-02-01
THAW ACQUITTED.
Continued from Page one.)

Continued from Page One.)
| The jurors as they took their places
| in the box gave no hint of their con-
| clusion. In fact it was generally be-
| lieved that disagreement would be
| stated up to the time Justice Bowling
| warned the spectators against making
| a demonstration. Thaw was not pre-
pared for the climax Of his case and
| there was an appreciabie delay in sum-
moning him to the bar.
| When he had reached his chair near
the counsel table the poll of the jury
| was begun.
| All the doors of the court room were
| locked and save for a newspaper mes
| senger no one was allowed to leave the
chamber until the proceedings were
over.
Thaw was commanded to stand up
and face the Jurors, as they were in
| turn called to their feet.
Jurors, look upon the defendant; de-
PENDANT, look upon the jurors" called
Clerk Penny. Gentlemen of the jury,
have you agreed upon verdict?"
1--WE have" said Foreman Gremmels.
What say you. is the defendant gull
ty or not guilty?"
Not guilty, on the ground that he
was insane at the time of the commits
sion of the crime charged"
Then came the applause VIII hcicaused
a commotion in the court room and
g
demonstration was in progress beyond
the big oaken doors.
After the arrest of PeH Justice
Bowling Immediately began his ruI-
ing as to holding Thaw in custody.
First, addressing the jurors, he thank
ed them for their work and declared
he had no doubt that they had dis
charged their duty to the entire salts
faction of their own consciences.
Then, turning to the defendant and
his counsel, Justice Bowling said:
1.-The only testimony in this case
upon which a verdict of insanity
could be based was to the effect that
the defendant is suffering from a
manic Oppressive form of mental de-
rangement. This testimony and the
diagnosis of the form of insanity was
based upon prior outbreaks of the de-
from London, Monte Carlo, Paris and
Albany. It also appears from the
testimony, and the court was careful
to inquire as to this, that occurrences
of these attacks are reasonably GER
tain. There has been no testimony
adduced here to show that a person
suffering from this form of insanity
ever can be permanently cured. It
appears, however, that during the
maniacal form of the disease, the per-
son suffering therefrom, Is likely to
commit dangerous assault or murder.
InSrG Is QdHRGI dlSO VI SQlClQS.
Therefore, upon all the testimony
in this case, the court deems that to
allow the defendant to go at large.
would be dangerous to the public
safety. The decision of the court is
that the defendant shall not be dis
so held and committed with all dis
patch to the state hospital for the
criminal insane at Matteawan. The
sheriff of the county is directed to
take custody Of the defendant and to
deliver him to the state authorities
at Matteawan."
His Chance for Freedom.
The law provides that once a de-
PENDANT is found not guilty, even with
the insanity clause attached, he may
not again have his life placed in 5eo
pardy. So soon as Thaw can con-
vince a commission especially ap-
pointed for his examination or the
state board Of lunacy, as may be the
case, that he is sane and no longer to
be regarded as a menace to the pub
lie safety he will be given his liberty.
It is said District Attorney Jerome
would personally oppose any move for
the liberation of Thaw either at the
present time or at any time in the
future.
Mr.. Littleton announced in court
that he desired to except from the
he would allow the attorneys until 8
p. m. to consult as to whether or not
they would sue out writ of habeas
corpus to have Thaw's sanity tested at
once by a commission or to have him
confined in a state institution
Thaw's family was pleased with the
verdict and declared it was the best
they had hoped for. They are par
ticularly anxious, however, that Thaw
shall be taken to a private asylum or
some other hospital under state direc-
ton than the one for criminal in
sane.
Mrs. William Thaw received at the
up town hotel, where she as been
stopping the news of her sons ac-
quittal. She was called to the tele-
phone and as the jury filed into court
until William Moore of Mr.. Peabody's
office, could tell the tidings to her over
the wire.
Thaw showed no other emotion than
the smile which has often played
about his lips. His wife flushed a
deep red as Foreman Gremmels stated
that a verdict had been reached. She
was confident, however, and when the
final announcement came she glanced
up quickly at her husband and smiled
enthusiastically.
Thaw was taken to Matteawap late
this afternoon.