The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-01-31
Prosecution Must Prove Sanity.

mentS under OaLn CONTRADICTORY pL' "a
Inconsistent with. those made Dy AeT
Gpon this trial.
Prosecution Must Prove Sanity.
Taking up the direct question Of
Thaw's sanity or insanity, Justice DoWl-
ing said:
THE law presumes every individual
to be sane, and upon the presumption
the prosecution may rest without PROOF
at the outset. But where the DEFENSE
is insanity and evidence is given tend
ing to establish that defense. the gen
eraI question is presented, whether the
. crime was committed by person re-
sponsible for his acts, and the burden
or establishing sanity is upon the pros
ecutiou; and II upon the whole case any
reasonable doubt remains in your MIND
as 10 the defendants sanity, he is en-
titled to the benefits of THAI doubt anot
10 be acquitted on that ground.
He then quoted the code as showing
that even though ThaW's mind was not
perfectly sound, he must not be &C
Quilted unless labortng under such ue-
feet Of reasoning as 10 render nm IN
capable of realizing the nature ana
quality OF MS act. IhiS must De IlJT-
ouEhly demonstrated, Justice bowling
declared. before a verdict OF not guilty
could be rendered
Ridicules Irresistible Impulse"
pertaining a criminal intent, II was not
possible under their Oaths, the jury was
informed, for them to declare him not
guilty. The judge riddled the ''irresist-
ihIe impulse" theory and partial insan-
ity as a defense, declaring the entire
matter rested on whether Thaw knew
when he shot White that it was White
be was shooting at and White that he
had designed 10 inJure or TO kill
Heat OF passion and feeling pro-
duced by motives Of anger, hatred and
revenge" he declared, ia not insanity
and the question Of Thaw's early~llfe
insanity in his family or attacks he
might have experienced were intro
duced simply 10 throw light on his
life, and could only be considered from
that standpoint. The jury must believe
lie was actually insane at the time he
shot White before they could find nun
not guilty"
How to Frame Verdict.
Justice Downing concluded as follows:
should you find the defendant not
guilty upon the ground Of insanity at
the time OF tho shooting Of Stanford
White. uEder the law as heretofore
laid down, your verdict viii be IN the
following form:
.. Not guilty upon the ground of de
T.
commission OF the acts charged in the
Indictment Should you find the de-
PENDANT guilty you will Indicate by your
verdict the crime OF which you SC IND
him guilty"
As soon as Justice DcWling had
ended his explanation Of the law bear
ing on the case the court officers VINO
were 10 have the jury IN charge were
sworn. A brief conference of the IL-
r0rs followed and then Foreman Grem-
#rHcr
the exhibits in the case.
Thaw was then asked if he would
waive his constitutional rights and by
advice OF his counsel he declared he
would. The jury then retired
ThaW, who was plainly IN a highly
nervous condition. was escorted TO one
OF the prison ante rooms where his
wife and mother soon afterwerd joined
him.
There was one thing about Justice
Dowlings charge that hit the defense
hard, Thaw and his lawyers had hoped
that the jury would be allowed to con-
slider the charges against Stanford White
in making up their verdict. But the
justice told the jury that the law prO-
tected the lives OF the most vile as
we'll as the most exalted OF It's citizens.
Before recess for luncheon was
declared. Justice Bowling took occasion
10 state that his decision, 20 hold the
trial OF the case entirely in public, had
been fully justified by the magnificent
manner in which the press of the coun-
try had dealt with IL.
After a short talk with her son Mrs
William Thaw returned to her hotel.