The evening world., 1915-03-12

amined, and at lilo A. M. John b.
Stanchfieid addressed the Court with
q motion that His Honor take the
case from the jury on the ground that
the prosecution had not established
q crime a. charged In the indictment.
He maintained that Thaw was con-
fined In Matteawan not as a prisoner
but ~ n ward Of tho State. No man
whose legal status In disconnected
from the States machinery Of Justice
can commit q crime unless he does
something to obstruct that ma
chinery. Thaw had been taken out
Of the hands Of tho court and COM
mitted to this institution for treat
mont.
At the end OF Mr.. Stanchfleld's
argument Justice Page said:
Tho law In that the commission in
any county of any Of the overt acts
that flow from a conspiracy consti-
tute the crime Of conspiracy In that
county. Therefore the indictment In
this case stands In this county.
"Mr. Thaw was committed 20 MAJ
teawan asylum by an order Of the
court, there to remain until discharg-
Cd by due process Of law.
Court denies the motion"
Abraham Lsvy then moved for the
discharge Of Richard Butler, Eugene
Duffy. Thomas Flood and Richard
("Roger) Thompson. Jointly indicted
with Thaw. Especially ho urged the
| discharge Of Flood, who had been
Identified by only ono witness as hav-
Ing driven an automobile to q hotel
near Matteawan before the escape.
| Justice Page denied the motion.
Mr.. SrANcHFiGlo DGoiNo His
FINAL PLEA.
Mr.. stanchheld began his summing
up at 1i.>o o'clock.
Mr.. 0tanohneld said that under the
law ThAW should have been com.
mitted TO Matteawan not until dis
CHARGED BY due procesa Of law" but
until cured Of his insanity" There.
fore the momept his reason was re-
stered Thaw was entitled 70 his dis.
charge. And every hour after that
that he was kept incaroernted Ia
Ths verdict Of the Jury was simply
that he was insane at the time Of the
commission Of the homicide.
Mr.. Cook, being q lawyer from up
state, said Mr.. 0tanchneld. wal
amased at the fact that $4,000 wal
paid by Mr.. Thaw for an automobile
Mr.. stanchheld then told OF IN In
cident last summer In Europe. when
he was At vichy. The war had
started and the atmosphere WAS mol
pleasant. and he paid $1,000 for an
when Mr.. stanchs,sld concluded. 'l
paid $1,000 for that ride because
wanted TO ret out Of vichy." thers
was q ripple OF laughter throughout
the room that was stillsd by thu
Judges gavel. Thaw bent forward
In his chair. covered his face Will
Ms hands and shook with laughter.
NO e9Esssw'!ssASSws ASSws AZ! sy! ALL
II claim from this evidence tina,
there was no conspiracy. II was hil
own act, Arranged In his own way
and In the arrangement for his goinl
out he consulted with no one OF tht
men arraisued here. Among his ad
visoss was Alfred Heary Lswts. {
J world at the time and at one tim1
prosecuting attorney in Cleveland. o
rhaw told you he arranged with Mr.
Hoffman for the presence OF the car
II that story b true Mr.. Thav
has committed no crime. --.
"Why 10 L." asked Mr.. 6tanchfisld
''that tho state has spent thousand
OF dollars to bring Mr.. Thaw bacl
hsrsf One might have said that ",
were we'll rid Of him. II has cost tn
STATE $4,000 to keep Thaw In Mat
Mr.. stanchi,eid called attention Z
the fact that tWenty-four eminsn
citissns OF New Hampshire. anon
whom Thaw had lived for the las
year and q half. had como here Q
their own volition ITO speak . wor
for Harry ThAw."
. "Why would those people Of Ne,
, England como hare 10 speak q wor
, for Harry Thaw." asked Mr.. Stanch
|. field, ''unisss he had shown by hi
I conduct while living among them ths
he was entitled to his liberty! VIII
a 10 II that We read In the newspaper
!, that there was presented to tn
= House OF Congress q petition signe
V by 100. 900 citizens asking that an NJ
Q be passed TO aid Harry Thawr
4 Deputy Attorney General Cook ot
tected TO this line OF argument an ou
side the case. Justice Page sustaine
3 the objection. Mr.. Stanchfield sa
d he would take an exception.
K VERY we'll. take your exception m
!. 20 on" ruled Justice Page.
). Mr.. Stanchfield concluded by al
q pealing 20 the Jury to include In the
Il verdict . specification ~ TO the