The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1908-01-31
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NEW YORK, Jan. S1.-Today, for a
second time, the fate of Harry K.
Thaw. slayer OF Stanford White,
passed into the hands of jury Of his
peers.
The twelve jurors retired at 11:40 a.
m. after listening to charge from
Justice Victor j. Downing, who sought
10 impress upon them that the bur-
den to prove the sanity of the defend
ant rested upon the prosecution
throughout the trial, and declared that
II from all the evidence in the case
the jurors entertained reasonable
doubt as 10 his sanity, the defendant
was entitled to TIE benefit Of that
doubt
a. ths same time No pointer -.Te
the provisions of the statute which
provides that the only persons excused
from criminal responsibility are those
who suffer from such defect of
reason as either not to know the ma
ture or quality of their act or not to
know that the 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 a defect of reason and / must
instruct you that a defect of reason is
not an opinion q man may hold as to
the justice or correctness of his own
acts or an opinion that the laws OF
the land are wrong. Hatred and re-
venge are not insanity. Most crimes
are committed from just such motives
as these"
Mrs. William Thaw. her son Josiah
and her daughter, Mrs. George L. Car
negle, and Evelyn Nesbit Thaw were
In the court room while Justice DowI-
ing read his charge. From the mo-
ment 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 I'm or out.
AS the jury was about to leave the box
Justice Bowling asked If they desired 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
Tho defendant listened intcntly to the
judges charge, the reading Of which oc~
cupied Just forty minutes. The fact that
the jury desired to examine the exhibits
was taken 20 indicate that they will be
some time at their deliberations.
While on the subject OF reasonable doubE
Justice Dowlirg said the doctrine applied
TO the grade of crime as well as
to the question Of innocence or RESPONSE
bility or irresronsibiity. knowledge o.
the nature OF quality Of a defendants ae-
ag as In 1s~11e 4ta
not he knew he was firing 2 loaded pistol.
The defendant had right to expect tho
benefit Of the doubt IS to ttis as well az
to other ma.eIlai issues.
The trace of insanity Ia collateral
bra nches Of the prisoners family. Justice
Bowling said aud a proper place in tho
testimony and was worthy OF considera-
tion.
Justice Dow ling defined the various de-
grees Of murder ana manslaushter recog-
nizcd under the laws. and then added that
the jury IN its deliberations was not bound
by the terms Of the Indictment,
II your verdict should be not guilty"
he said, under the specification Of the de-
feud5uts plea 70 insanity you will sdd
tie clause on the ground Of tae defendr
ants insanity at the time Of the cournis-
sion Of The acts charged 10 the Indictment
Ia any other verdict you render you via
eI+'filN Nut ht'2 2t'-E
A 'ter tho jury had retired Justice Dowl-
ing and the opposing attorneys aongratu-
lated each other upon ths expedition OF .lia
trial and the manner OF its eonduct. fus.
tice Dowling said mis- decision to throw
ali sessions Omen 10 the puolic had ocen
justified by the way the ease bud been
ha1dled by the press.
Mrs. William T'haw visited her son for q
time in the prisoners room, Just outside
the court chamber, and then left the court
house. Young Mrs. Thaw remained.
In opeuiag, Ju t'ce Bowling Impressed
upnu the jury the tes OF il ty which
was theirs tel ing them that they should
bear IN mind that upon their verdict de
pended the life or liberty Of the prison
''Your verdict must not be infust ced BY
any matter outside the reco d. stid he.
Neither passion nor sympathy should
sway you in your deliberations. You must
not srecuate OF guess as 70 matte In VIZ
dence here, but must decide the EsTe
solely upon your calm, dispasslonate JUDI
ment as 10 the welch crediblity aNd
meaning OF the testimony,
''Nor are you conce ned with the punlsn-
ment which may follow a verdict Of
guilty ut your hands, Your sole functioa
Ia 10 determine If any crime has been COM