New-York tribune., 1915-03-13

agreed with me and rebuked him.
Il leave IL 20 you whether you VIII
lock q man up among manises on the
word Of man who has shown tho
venom Mr.. Kennedy has in this case
and who is Of his eslibre.
IL put Thaw on the stand so you
could Judge OF his mental condition
For years the State OF New YORK mas
been bounding him on the ground ne Is
insane. But the attitude OF the state
st this trial is, Hes just sane enough
70 commit the crime charged ana
therefore, We want TO punish nm.
Hint of Secret Vengeance.
For the last seven years the news.
papers have bristled with accounts OF
men who got out Of Matteawan, but
there were no efforts 20 get them back.
Unless there is some private vengeance
20 satisfy, why pursue Mr. Ihaw 70
bring him back for this little penal o.
fence?
"The State of New York has spent
something like $4,000 in the pursuit
OF him. why is ne singled out unless
there is behind IL the viciousness OF
this prosecution Of private interest
Of some ones TO be servedE
81 wish some time ! might have a
chance 10 cross-examino Mr.. Kennedy
as 10 his connection with th's
case" --
Il wish you might yelled MIR. Ken
nedy, scarlet with anger. Il only wlsh
you might-I1l take the stand now. g,
"You would remember It for go0di
many years il you did Stanchheld
said. The court ordered him TO proceed
with his argument.
close a crime" he went on. II is con
ceded by the prosecution that 1t was
no crime for him 20 leave Matteawan.
There was TO conspiracy. In leaving
Mstteawan 80 was arranged by MN
alone He consulted with none OF the
codefendants.
Prosecutor Denies Charges.
Following this. Mr. Carpenter and
Mr Levy summed UP the case on oc,
half Of Butler, Thompson, Duty ana
Flood. Then came Mr.. Cook Tor the
prosecution. -,,,
Neither Mr.. Kennedy nor myself,
ne said. "are here TO pursue or hound
Mr.. Thaw, but 10 see that the laws on
the statute books have a decent on
Serysnce. and shall not be dragged IN
,he rnire by any man.
What the opposing counsel Just SAID
r
Mr.. Kennedy has been Deputy Attor-
7ev General since 1899. 1t has been no
pleasure for him 10 be dragged away
from the legal business of the state
each time some new writ OF habeas
corpus has been put in by this man
Thaw and the myriads Of EXPENSIVE
counsel he is always surrounded win.
I'VE get no money for bounding
Thaw. Such money IS We get comes
from you taxpayers TO US FOR DONG
our duty. As soon as Thaw quits we
will quit with HIM. but lust so long
as bv able counsel he seeks 20 set In
turmoil the laws Of the state the At
torney General will be compelled by
his oath OF Office to send US to resist
those infractions of the law
1--WE see in this case nothing but a
plain legal proposition, free from all
sensation. We believe he was insane
when he was sent 10 MGtteawan. that
he Is insane now, but We contend Una
The evidence of the way he planned 'H>
conspiracy proves he could understand
the nature and quality Of his act.
State Demands Justice.
81 care nothing about the punish
mont Of Thaw. but we do ask at your
hands yindication Of our statutes, ana
that when the people have enacted laws
for the protection of the public, they
shall be respected without reference 10
the man OF his money, who tries to set
them at naught.
you can do more to-day 20 give
the people a respect for the laws OF
the state than al the conventions o.
Judges and lawyers that may be held:
"The only witness on the stand lot
the defence corroborated word Tor
word the prosecutions case. II u were
necessary that the codefendants, But
Ter Flood. Thompson and Duffy, be
damned worse than they were at the
close of our case. then Harry n. ma"
cfectually did that damnlng.
There are forty men in Matteawan
IN the same situation as he was, and
who would walk out If they had $1,000
and Butler and his gang around. 10
YOU want them 10 walk outF
II object TO the use of the word
Gang as applied to Mr.. Rutler and
these other defendants said Mr.. Levy.
"Whether they are a gang or not"
Cook retorted "the Molly Magulres
and the Hudson Busters never had
anything on that crowd
Charge by Justice Page.
With II final appeal for the uphold
mo Of the laws of the state, Mr.. Cook
closed. and Justice Page took up his
charge. He asked the jury whether
thev wished 10 wait until this morning
or receive the case then. They elected
10 have il at once.
at has been determined by me that
the question of sanity or INSANITY Is
not an issue in this trial, and that Is
final" he said. "YOu must conilne your
attention to the questions OF fact and
rot invade my province, which is 10
determine questions Of law"
Roger Thompson, he said, was N a
different situation from the rest, IN
that he was directed by his employer
20 90 with Butler and obey Buffers or
ders There was nothing IN the evi-
dence 10 show, he said. that he acted
otherwise up until the time the landau
let brought Thaw away from the asy-
lum and Thompson drove the big car
IN pursuit Of It,
But if he entered the crime Of con
spiracy at any time later. then he be-
came fellow conspirator,' he SAID.
Aid for Prisoner.
Their verdict. he said, would have
no effect on the Bowling commitment
which was still in force against Ihaw.
At the request Of Mr. Stanchheld, the
Judge charged them that if they found
Thaw acted under an honest mjscon-
ception of his rights they must acqut
him.
The jury remained in delberation
from $3.50 until o'clock, when they
were sent TO their dinner. with instruc-
tions that they should be back by 9
o'clock
Thaw was on the witness stand for