The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1908-02-01
THAW JURY
CELEBRATING
-
Looks Now Like a
MistriaL
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CHARGE OF JUDGE BOWLING
Both Sides Satisfied With Courts
Statement.
CHARGE OF JUDGE BOWLING
AZ Eieves O'Clock Justice Doriins
Ordered the Jury Locked Up
For the Nfght--Thsw IL
Rather Discons6Iste.

New York. Jan. Slater waiting
In the Thaw case to report, Justice
Bowling. shortly after IL o'clock to-
night, ordered the doors of the Jury
room locked for the night and adjourn
ed court until 1890 q. M. when he will
hear any reply they have to make.
The rumor persisted throughout the
Jurors were hopelessly divived. 8 to &
Mr.. Littleton, OF the defense. expressed
the belief that the majority favored
verdict OF not guilty on the ground
Of insanity, and when he left for his
home he was still hopeful that decis-
ion eventually would be reached.
District Attorney Jerome said:
Nobody can tell what jury will
do. SO what Is the use OF specializing? p
Thaw retired disconsolately to his
cell in the Tonbs. He expressed the
z fear that q third trial would be neces-
sary. This was the general opinion
held by the court attaches. The attor-
neys in the case all were deeply dis
appointed by the trend OF affairs as ev-
cry one had hoped that some definite
conclusion might this time be reached.
Mr.. Jerome would not discuss the
probability of third trial, but said II
there was one, it might be in some
other Jurisdiction of the State than
New York County.
Mrs. Evelyn Nesbit Thaw remained
at the Criminal Courts building walt
ing for the jury to come in, but Mrs /.
William Thaw and, Mrs. Carnegie went
home at noon. after having listened to
Justice Bowling's charge. A large
crowd remained In the court house cor
Tidors anxious to witness the closing
scenes OF the noted trial.
Charge Of Judge Dowflmg.
In opening his charge to the jury
Justice Dowiing impressed upon the
Jurors the responsibility which was
s theirs. telling them that they should
bear III mfnd that upon their verdict
depended the life or liberty Of the
prisoner. u
ssYour verdict must not be issfluaneed
~ any matter outstd4 the record 8
said he. Neither naH4snn Bef HyfnbA >.
thy should sway you in your aefibef-
atoms. You tnset net epecuIAte or
guess as to matters IN evidences hsre,
but must decide the issue solely upon
your caims dispassionate Judgment as
70 weight. crsdibility and meaning OF
the testimony.
''Nor are you concerned with the
punishment which may follow YER.
dict of guilty at your hands. Your
sole function is to determine IL any
crime has been committed. it's grade
and leave the question OF penalty to
those responsible for its imposition"
Justice Downing told the jury they
should bear in mind that the prisoner
II presumed TO be Innocent untIl the
Jury 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 pros
ecution throughout. It was within the
power of the jury to accept or reject.
the testimony OF any witness in whole
or in part, and also 70 determine the
weight or importance to be given to
the testiomony OF any witness.
After explaining at length the con-
alterations that the jury might take
into account in Weighing the testimony
Of witnesses, Justice DowIing referred
to the so-called Hummel afidavit. He
had told them that II witness had
been convicted of crime they might
consider that fact in weighing his tes-
timony, and also that IL they found
that any witness had deliberately tes-
tified falsely they were at liberty to
disregard his testimony entirely. J
veracaty Of Evelyn.
You will recollect that the afndavft
OF Evelyn Nesbit was not received In
evidence as affording proof of either
that truth or faIsity Of the statement
therein containedF he said. solely for
the purpose Of seeking TO establish the
fact that the witness had made state
nents under oath contradictory OF or
Inconsistent with those made by her
upon this trial. And II you find that
contradictory or Inconsistent state
ments were actually made by her, or
by any other witness as TO the mat
ters actually involved in the main is
sue herein as testified to- you NAV
take that into consideration In arrIy.
ing at conclusion as to the credibility
Of such witness, or witnesses. But
collateral matters are not to be con-
sidered BY you as Affecting the cfed-
M q NFrNf
Judge Bowling defined the various
degrees OF murder and manslaughter
recognized under the law
The various degrees Of homicide were
defined and the justice devoted much
time to calculating the legal meaning
OF the words "deliberation" and pre-
meditation" These words, he said i'm
ply the capacity at the time OF the
crime to think and reflect and by the
use of these powers to refrain from
doing wrongful act. He said that
in the consideration of elaboration and
premeditation the jury might take into
account the acts Of the defendant inn
mediately preceding the shooting. his
acts upon the roof garden and the in
cidents attending the shooting itself.
"A sane man. voluntary agent acting
upon motives must be presumed to con-
template and intend the necessary, nat
uarI and probable consequence OF his
own acts, ne continued. IF, there
fore. one voluntarily or wilfuiiy does
an act which has direct tendency to
destroy another's life. the natural ana
necessary consideration is that he in
tended to destroy the life.
"You are not to be prejudiced by any
testimony which reflects upon the char.
acter of the decedent. There IA no
testimony to controvert the proof that
Stanford White came to his death as
the result of pistol shot wounds in.
f1icted by the defendant. The defend.
ant under a plea Of not guilty, has
entered specification that at the time
of the occurrence in question he was
insane and that therefore under the
law he is not responsible for hts acts
at the time in question.
QueatiOn OF insanity.
''Where the defense is insanity. and
evidence is given tending TO establish
that defense. the general question is
presented whether the crime was com.
nitted by a person responsible for his
acts and the burden OF establishing