The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-03-13
JURY MAY DISAGREE
IN HARRY THAW CASE
Locked Up Last Night at 1880 After
Six Hours Wrcstlc With
Problems Involved.
HARRY THAw AGAIN ON STAND.
Lawyers Get Little Advantage In
Cross Examining Alleged Cray
Man--Attorneys Declare They Are
Not Hounding Accused.

at 1880 after six hours OF futile
argument. and IL recess was taken
until 10 O'Clock tomorrow morn
ing. Thaw and the four men be-
ing tried on the same charge with
him were sent back 10 the Tombs
for the night.
The DISAGREEMENT is supposed to
be over Thaw's case and not over that
of any of tho four corspirators with
him. 1t was 1920 when Justice Page
sent word TO the jurors asking them
about the pros ects of an agreement.
Word came back that 1t might be
several hours before the twelvs men
could form similar opinions regarding
the evidence and Justice Page forth
with decided to lock them up for the
night
Jury Takes the Case.
The jury retired at 5:2e O'Clock
with the sanity question still ring
ing in is ears, as 1t has been
. made to ring through the entire trial.
and charge from Justice Page that It
could not be admitted in their de-
alterations on the evidence.
Up to the very end Mr.. Stanchfield
fought to interject some phase of this
issue into the records of the case.
After the Justices charge he rose and
asked for special instructions on the
subject. All of these were denied by
Justice Page, even to the request thai
he charge the Jurors that no criminal
intent was displayed on Thaw's part
in esca ping. II he feared that a longer
residence in the asylum might result
in the dislodgement of his reason.
while the question of Thaw' 8
sanity" charged Justice Page. 'woulo
have had to be taken up by you had
not the defense introduced the Ques-
ton and conceded that he had suf-
ficient intelligence to know the nature
OF his act, a concession likewise made
by the people, 1t does not now enter
into the matters that are before your
attention at ali.
One Favorable Point.
From the standpoint OF the defense,
the most favorable part of the charge
to the jury was Justice Pages inter
probation that If the evidence proved
beyond reasonable doubt that Thaw
left Matteawan in all innocence OF
committing an unlawful act. then he
should be judged not guilty of the
crime charged.
From the outset. Mr. stanchaeld
had made this one of his strongest
points and In the examination Of
Thaw. and on the witness stand Thaw
was led to testify. IN developing this
idea that he had been advised by
counsel and thoroughly believed that
there was nothing unlawful in his
leaving the asylum So long as he did
not commit violence or attempt cor
ruption.
The four co-defendants with Thaw,
Richard Butler. Roger Thompson.
Eugene Duffy and Thomas Flood.
made charges as soen as they could
reach newspaper men today that they
had been double crossed" by Thaw
while he was on the stand THURSDAY.
According to their lawyers. Thaw had
given them to understand that when
he took the stand he would do every
thing in his power to exonerate them.
Instead they say, Thaw did his best
to convict them and was especially
thankiess In his attitude toward But
Ter in testfying that he had given him
Sc, 000 for the job.
Thaw Again On Stand.
Thaw was recalled to the stand the
first thing in the morning and his
cross-examination was continued by
Deputy Attorney General Frank X.
Cook. Thaw could not remember
with whom he had first talked about
escaping from Matteawan, but his i'm
preston was that the subject was first
bro. he'd to Alfred Henry Lewis, a
maya zine writer nov dead in the
spring of 1919, and that 1t was Lewis
who had mentioned the matter to H.
"A. ftOIifIt6ft, bL jug HhNSFS'E. WIZ ~
turn made the arrangements with
Dick Butler.
Did you think" asked Mr.. Cook,
"that there was nothing unlawful In
hiring men for So, QUO TO get you out
OF Matteawan?"
"A long as did not resort to VOL
ence or corruption" said Thaw.
Did any of your lawyers advise you
that In doing that you would be do
Ia vs-f4, 80
"Mv lawyer told me that Justice
Morchauser had defined my legal
status to him"
Now, Mr.. Thaw." continued Mr.
Cook. you said yesterday. didn't you.
that when you left Matteawan you
thought you were sane?"
Certainly. | did" Thaw replied
did you ever think yourself sane?"
THAT is question on which one
must take expert advice Thaw said.
Paid In Two Installments.
The $4,000 was paid to Butler. II
was developed today, in two INSTALL
ments, and none of it was handed over
until Thaw was out OF New York
State.
In his summing up, Mr.. Stanchfield
said that Mr.. Kennedy had persistent
ly pursued Thaw for the last five wears
and had made his living out of do
ing so. He then added that he would
IKE TO get Mr. Kennedy on the wit
ness stand and ask him few aues-
lions re@ar Ting his pursuit of Thaw.
At this Mr. Kennedy was on hts
feet i'm ~ ed'atolv to offer to take the
stand aud lot NJ Stanchae'd ask him
anvthirg Re r'oaeed INT the deputy
Acknowledgement was not put on. and
so th's nart OF the Thaw history must
remain rrwr'ttor
"NeitNnv NJ Enrrrav nor myself
ave here ~ hvnt Tfaw" said Mr..
cook in retaliation as he was sum-
-r7'nr m "put we are here IL see
.hat Tho laws ~ this 8 ate are al
rr'n's.o~es ard mt d~a ~eea IN thu
miro hv any mar nc waiter what a,s
H-a ociaI or nh''ei~at strength
'It IS no Measure 10 ne. oNnt'e-
r-,en. TO come DOWN hero ana 10 cow
,ected with tho Affairs ~ Harry X.
-rhaw Anv ti.>,c Thaw viii Quit we
v.il' quit with h'ra hut eve~v time he,
WITH the most at'e counsel. seeks 70
eet tho lnws ~ ts'~ e+nte AT naueht
we shav no hero ~ vharavar roces-
sarv m ~er'et e''ch i,fre ct'ors"