The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1915-07-19
"Unwritten Law" Saved Ihaw,
Head Of Sanity Jury Admits
Justice Hendricks Instructions Statutes Dsregarded by
Jurymen, Foreman Declares Secret Farley
with Whites Slayer.

Atlantic City. n. J.. July 1s-David
Robinson. foreman of the jury which de-
clared Harry K. Thaw sane. had con-
ference here today with Thaw following
which some highly interesting INSIDE
facts with regard to the feelings prompt
ing the verdict were made public
In a statement to five newspaper CORE
spondents in the Dennis Hotel, Mr.. ROD
inson declared that, convinced ina" hao
never been crazy. the jurors disregaroeo
the instructions OF Justice Hendrick tnat
they were to consider the fact tna1
Thaw had three times been declared m
sane and reached their verdict pracucai-
" on the basis Of the 'unwritten law.
SpeakIng for himself alone, Mr.. Robin
son said:
Knew All About Case.
II knew al about the case before. l
had read about it in the newspapers.
Then you went into the jury box with
your mind made up that ina" Was
sane he was asked.
IT was willing 10 hear the testimony
and see what they had to offer, was
the reply.
Incidentally. MIR Robinson let it be
known that he went into the jury oox
without the circumstances being brought
out that back in the eighties he mad
served on jury in Georgia "hlcn &C
quilted, on the ground Of the unwritten
law. a man charged with the murder OF
his wife's paramour.
Foreman Robinson arrived In Atlantic
City on Saturday afternoon, accompa-
MED by his wife and A party or 1rlenos.
and came to the Hotel Dennis, where
Thaw is located. He at once sent WORD
TO Thaw through Daniel Deane. the pri-
vate detective who accompanied Thaw,
that he wanted to see him in connection
with an editorial printed in a New York
newspaper on Saturday. which described
Thaw as A murderer" and made refer-
ences TO the potency of Thaw money.
"Never Was Insane
This morning Robinson and Thaw had
a half hours talk. at the conclusion OF
which Thaw suggested that the report
crs see Robinson. At this meeting Mr..
Robinson showed great displeasure over
the editorial complained of.
I'VE are not worried about the sug-
sestion of Thaw money" he SAID:
..Everybody talks about Thaw, but l
don't think the paper had any right
to call Thaw murdered as ne mas
been acquitted on that charge.
Hnd Acquitted Murderer.
Was IL the view OF the jury thaI 'hi'
man never had been insane? he was
asked.
Yes" was the reply. We thought
he never had been insane"
Then if he never was crazy, doesn't
il follow that he was guilty OF muir
der"
Not At all" said Mr.. Robinson. Il
have served on juries. | was one OF the
jury in the Smith Rushton case. in Sa-
h. in, ha aivhfipS which
a good bit more famous than the Frank
case Smith killed Rushton because OF
his associations with Smiths wife, and
we acquitted Smith. 1t seemed to us,
considering all the circumstances, that
that was the idea in the Thaw case.
Did they know when you were called
as a jurymaR in the Thaw case that
you served in the Smith Rushton case
"WouId Only xiii for Woman"
Il told them I had served as a jury
man in murder cases in other States.
Then YOU went on the jury with your
mind made up that Thsw was sane"
Il was willing to hear the testimony
and see what they had to offer.
IF Thaw should kill another man,
whether under the influence of liquor or
not. would you. as a juror. feel any re-
sp"nsihility?
NO. | should consider Thaw in the
aggravating circumstances. Thaw would
only kill for woman
Mr. Robinson said he was not influenced
TO MIR. Sanchfeld's reference in his
summation TO the Sickles-Key case and
other instances of the ''unwritten law"
hut that to this extent Stanchfield was
exp essins his CRObinsOn's) thought.
Thaw Jurors to Meet.
When was it that the jury was first
convinced that Thaw was sane?" he was
asked.
After we had heard the testimony of
the New Hampshire witnesses, and DR..
Bancroft the Thaw alienist''
Incidentally this was before the begin
ming of the presentation of the case
against Thaw by the state.
Mr. Robinson finally said there would |
be meeting OF the Thaw jurors some
time this week.
And in reaching your verdict in the
TkaM case. Mr.. Robinson" the foreman
was asked, YOU were guided by the
same considerations that caused you TO
declare Smith not guilty of MURDER"
Cites Natural Law"
'PreCiscly SO. there is no question about |
the unwrtten law" he continued. II
don't believe much in that, but we all |
know that IN cases where a man kills |
another in defense of his honor, juries |
acquit him. not only in the South. but
in the North and right here in New
York
And did you think Thaw had a right
TO Kill Stanford White"
"All things considered we did. I don't
call that the unwritten law. I call It |
the natural law |
And it doesn't necessarily empty that
man is crazy under sucn circum-
stances"