Evening star. [volume] (Washington, D.C.) 1854-1972, 1915-07-14
Decision Really Rests With
Justice Hendrick, Jury Be-
ing Merely Advisory.
ANTICIPATING RELEASE.
PRISONER is JUBILANT
Should State Lose an Appeal Will Be
Taken and Defendant Will
Seek Bail.

fhaw may know by tonight whether
he Is to be set free as the outcome or
his nine years fight to prove that ne
Is sane or whether he is to he sent
back to the Matteawan Asylum as in
sane. Apparently confident that MS
long fight for liberty was about to END
In success. Thaw was jubiiant.
The state had closed its case, and
there remained only the submission of
rebuttal evidence. which it was an
nounced would occupy only few min
utes, the arguments of the attorneys
and Justice Hendricks charge to the
Jury Counsel believed that verdict
would be rendered before night.
As the jury is acting really in an ad-
visory capacity. the real verdict will be
rendered by Justice Hendrick. His de-
cision may be rendered Immediately
after receiving the jurys verdict. or
may be withheld for deliberation. The
Justice has the power to disregard any
verdict the jury may render.
II was reported today that If Justice
Hendrfck decided that Thaw is sane
Application then would be made in be
half of Thaw for bail pending decision
OF the higher courts
Sketches Thaw's Life.
In summing UP the case of the state
Deputy Attorney General Frank Cook
sketched the life of Thaw from the
time Of his birth until he was deport-
ed from Canada. fter his escape from
the, State Hospital for the Criminal
Insane at Matteawan. He recalled to
the jury that Thaw thrice had been de-
elared insane and then went into the
AA@A 10 ri @
alleged attempt to stab fellow stu
dent at Harvard University. of his al
legged attempt to shoot cabman and OF
a fight In an all-night New York res
taurant, In which he was hit on the
head with a water bottle.
''Thaw was insane during all this
time" Mr.. Cook went on. He was in.
sane when he shot and killed Stanford
White; there is no doubt OF that. And
the same conditions prevail today. He
claims that he IL sane. When. l ask,
did he recover his reason? Was 1t when
he gave interviews with himself while
in Jail in Canada? Was 1t when he
threw a tray of food on the floor there?
Was it when, in a Mt of anger, he
hurled a beer bottle through win
dow
Mr.. Cook repeatedly turned from the
Jury box and shook his finger at
ferred time and again to Evelyn Nesbit
Thaw as that true virgin Of his.
Thaw meanwhile, seemed to be I'M
aware that Mr.. Cook was anywhere
and once turned and smiled at friend
sitting among the spectators. Scattered
through the crowd in the courtroom to-
day were many women.
q. o. Senators Attend Hearing.
During the latter part Of Mr.. Cooks
summation United States Senators Ollie
James of Kentucky and Hughes Of New
Jersey entered the courtroom and took
seats on the bench with Justice Peter
Hendrick. Both appeared to be ex-
tremely interested in the remarks of
Mr.. Cook and OF John B. Stanchfeld,
chief counsel for Thaw, who summed
up the case of the relater.
Mr.. Stanchfield began by declaring
that neither he nor the court was con-
cerned with the previous actions of
Thaw.
The question" said Mr. stanchfeId.
is whether he is sane today. We are
not interested in his past perform
anees. ] might say, however, that l
Counsel then took up the remark
made on the stand yesterday by DR..
Austin Flint. chief alienist for the
state, that the unwritten law does not
Flint was right but technically he was
wrong
Sickles Case Cited.
Mr.. stanchheld related several cases.
among them that of the late Gen.
Sickles. in an attempt to show that
aroused passion, resulting in killing,
had often been excused by juries.
Aroused passion and intense hatred of
a man who had wronged the woman he
loved, lid Mr. Stanchfield. caused Thaw
to kill Stanford White.
Mr.. Stanchfield discussed the case of
Thaw in every detail. and pointed out
to the Jury that the Mcclure commits
sion. appointed to test Thaw's sanity
at the time of his first trial for murder
in 1907, had found that he was perfectly
sane and mentally and physically At TO
stand trial on the Indictment against
MIN. He also relatsd the finding OF
the commission appointed by the fed
eraI courts to examine Thaw while he
vas in New Hampshire. subsequent TO
his deportation from Canada.
State Rests Its Case.
The state rested its case late yester-
DAY After the announcement by Deputy
Attorney General Cook that the people s
case had been closed. Mr.. Stanehfieid
stated to the court that he would require
about fifteen minutes for reading at the