The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1915-03-13

to enter into criminal act and in
| tended 10 do so.
Mr.. Stsnchheld began by sketching
nav record in the courts Then he
lald the emphasis upon the contention
that lhdW never saw the defendants
DerOre he escaped and that the grand
jury OF Duchess county wherein H. Ia
Gated Matteawan. had refused To re.
3 PENDANT
Mr.. Stanchheld argued that no
crime had been committed and that
therefore Che defendants could not b,.
I held IN any way responsible Pr tho
Dsuape. ne asked the. jury To deter
NINE whether they did not believe
Ihat 1haw had been punished enough.
There was provision OF law. ne said
providing that the jury could bring in
verdict saying whether Thaw was
sane or not.
Philip Carpenter. personal attorney
Tor the defendant Thompson. address
ing the jury. said that Thompson
should be freed Of the charge. AS he
was totally I'm ignorance OF any con
spiracy. II one existed
When Mr.. Carpenter concluded
abraham Levy. for the three other CO.
d.,eie,ndsnts., delivered an address on
his argument lay In the claim that
his clients had committed no crime.
Not Hounding Thsw.
Frank h. Cook. deputy attorney
General began his closing address for
the state by saying that neither he nor
Mr.. Kennedy were here to- persecilts
or hound Harry X. Thaw
1t Is our contention said SIR
COOK, that ThaW was insane when
he went TO Matteawan and when he
escaped and we believe him insane
now. tie was sane enough however
the evidence shows. 10 know that he
was committing crime and had on
intention To do so.
There are forty insane persons in
Matteawan who have committed
homiCid.s Are We 10 allow them 10
walk out They probably would In
they had $1,000 and Butler was around
when Mr. Cook concluded Judge
Page began his charge.
Pages Charge
When Mr.. Cook concluded his ad-
dress 20 the jury Justice Page had
the foreman determine whether his
associates preferred to 20 on with
the case OF whether they desired q re-
cess until tomorrow morning The
Jury elected TO continue. and Justice
Page accordingly BEGAN his charge.
he said that b. was not necessary
for the people Of the State Of Sew
ork 90 prove that the parties Co an
alleged conspiracy had come togCth.
or IN order Co prove the conspiracy.
TT they act iu concert" gaiu Jus
tire Page. that b. sufiCieut TO csfab-
IIah their participation Previous &C.
uu1iutanCr is unnecessary 10 YOU
ind that the actions of tho Co.dCfand.
ants here wore 80 timed that they
acted iu concert with the defendant,
Ihaw then there was conspiracy.
and their acts cannot b. considered
sa oI.ilnfd 10 UbsfruTf justice and
Do. proper administration ~ tho law .
Under the commitment originally .
sIE1ed d. Justice Bowling Thaw
could have been taken back 20 N8f.
teHvau had Do been apprphrnded any.
where within fl, boundaries OF the .
state. Tho participants in p conspiracy .
should De- con aidered guilty ~ they
aided the defendant Thaw out The
state boz an illeEal manner ~ war
true That there was nothing ln The
evidence fu show that tho defendant .
Thompson played amy part in a con.
suirary up to tho time they stopped /
ON fIr road t1 Connecticut However. p.
Thompson can DO considered n mem. .
Der of conspiracy N be- entered DO .
~ an. limo prior to fho crossing Of i
the state lire
several versIets.
you gentlemen may bring Iu q cen. f
.-1I verdict Tor Ur against 900 o. the .
q ."Idarfs or you may bring Dol ~. .
diet fnr some and agaiuff Others Tho .
question OF sanity Ie au issue ir thIa .
only 'neUlHr Hr Tnaw have been .
shown f0 nave tho capacity TO- Intend .
20 Do tho acts charged against him
Tho defense comedies that DO had 81 .
least fnIa much mental capacity
John D. SfaufhUnId directed and .
'ON" ''''p' on fO Thar part OF The .