New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-07-19
Asserts Jurors Ignored In
structionS by Court on
Slayer'S Insanity.
HELD HE WAS SANE
WHEN HE SHOT WHITE
State Likely TO Include Admis'
sions by Robinson in Appeal
-Thaw at Philadelphia.

r,,v who lcf, here for Philadelphia
,,.ssy, owes HIS freedom to the "natu-
.lIsv" working in the minds Of twelve
.r-vmen. who believed he never was
,-,.,e for q moment during his life.
n,v,d Robinson, foreman Of the jury
.S;sb Justice Hendrick pronounced
Iv,ry intelligent made an unqualified
.,,snent 10 this effect this afternoon.
"a said the jury disregarded justice
Hendricks charge that they were bound,
,,s matter Of law, 10 consider that
Tb,w was insane when he killed Stan
for5 White and was still insane in 1912,
vbs, Justice Keogh so ruled in the
t,beas corpus proceedings at White
Plains. As for himself, Robinson went
me s,er further and said he had read
Al about The Thaw case in the news
sapers At that time and had made up
bis mind that Thaw was sane.
New Killing Possibility.
Speaking for all the jurors whose ad-
zee Justice Hendrick accepted, Mr..
Robinson also said that should Thaw
kgin drinking again and kill under
circumstances similar 10 those which
I'D M 70 the Staying of White, the
jsrcrs would not consider themselves
responsible in any sense or even admit
that they had made a mistake in their
verdict
Thaw now was on the same basis as
ether men. he said, and his actions
were to be judged exactly as the ac-
ton Of any other man who followed
the natural law"-this term being Mr.
Robinson's translation Of the more
common phrase "unwritten law"
He came TO Atlantic City last night
1nd at once began trying to get in
touch with Thaw. His purpose, he
said to-day was 70 discuss with him
possible action by the jurors against
6 New York newspaper which lntl-
mated. edltorially, that Thaw money
was responsible for the jury's verdict,
Grd which spoke Of the killing Of Stan
was acquitted of the murder charge.
"Thaw Money Editorial.
Robinson's more startling revela-
tiors about the process bv which the
jury arrived at its verdict, were made
IN an interview at which five New York
reporters were present.
n speaking Of the editorial which
had aroused himself and other jurors,
Mr.. Robinson said he paid little at
tendon 10 the suggestion thai Thaw
money had Influenced the case.
81 suppose many persons thought
that he said with a laugh, "but
cont think the PAPER in its editorial
has right TO call Thaw murderer,
Es he was acquitted Of that charge"
Robinson mad talk with Thaw b.
fore ne discussed the jury verdict with
reporters.
"Thaw Never Insane"
"Was IL the view Of your jury that
Ihaw had ever been insane?" he was
asked
No" he answered readily, "we did
not believe that he was ever insane O."
We'll, then, if he never was insane,
doesn't u follow that he was in your
49, bAlls OF uuIAtI ne was dSkGQ.
NO, not at all he replied. 81 nave
served on a murder jury before. ! was
on the jury in the Smith-Rushton case
IN Savannah, back in the sos. Smith
killed kushtOn because of the latter's
relations with his wife, and we ac-
quilted Smith. We discussed that case
n the Ihaw jury room, and il seemed
70 US, considering all the circumstances,
mat Il was the idea which applied in
the InaW CASE
Did they know, when you were
sworn as Juryman in the Thaw case,
mat you had served in the Smith Rush
ton case?'
q told them that / had served in
murder cases in another state"
-, And IN reaching your verdict in the
Ihaw case. YOU were guided by the
same derations which caused you
70 Ind Smith not guilty Of murder?'
Precisely so, / don't believe much
IN The Inwritten law, but ! call it the
natural law We all know that in cases
where mar kills another in defence
OF ms honor juries acquit him, not only
IN ne South but in the North, and right
u New York as we'll"
Had Right to Kill White.
you think, then, that Thaw had a
fght 70 kin Stanford White ?"
All things considered, we did" he
taid. But don't call that the unwrit-
Ten law, remember. | call il the natu
Tal law"
And 1t does not necessarily imply
mat a man is crazy under the circum-
stance"
Certainly not" he answered. Lots
OF sane men commit murder"
And all the jurors felt the same way
about IT."
81 understand So" was his answer.
We all understood that insanity was
the only defence that Thaw could put
in
"You said a few moments ago that
you did not consider that Thaw was in
zane a any time. Does that mean you
didn't hold yourselves bound by the
judge charge that, as a matter of law,
you had 10 assume that Thaw was in
sane when he killed White, and that he
was still insane as late as 1912, when
ne was declared so at White Plains by
Justice Keogh ?"
We did not consider that he was in
sane at any time during his life"
But, according 20 law, didn't you
have 70 take that part Of the justices
charge into consideration in reaching
your verdict%
We'll, we may have been supposed TO
DO so, but ! didn't for one. You can't
bore hole in a mans head and force
al idea into il. | knew all about the
case al the time Of the previous pro-
eeedlngs; / read all about 1t IN the
newspapers"
Then you went into the jury box
Continued on poge 6, column 3