Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-03-13

acy should be considered guilty II they
aided the defendant, Thaw, out Of the
state in an Illegal manner. II is true
that there was nothing in the evidence
that the defendant Thompson played
any part in a conspiracy up to the
time they stopped on the road 90 Con-
nccticut. However, Thompson can
be considered a member "A conspir-
acy II he entered II at any time prior
to the crossing Of the state line.
fYou gentlemen may bring IN a
general verdict against all of the
defendants or you may bring in a YER
dict for some and against others. The
question OF sanity is an issue In TINS
case only insofar as Thaw may have
been shown to have the capacity TO in
tend to do the acts charged against
him. The defense comedies that he
had at least this much mental capa-
city"
Thaw's lawyer EXcepis.
John e. Stanchfield excepted ana
took. exception 10 that part OF the
charge in which Justice Page said
that sanity was not an issue. Justice
Page then delivered several charges
requested by counsel for both sides.
The jury retired at 5:29 o'clock and
remained IN deliberation about an
hour and quarter. As no verdict
had been reached Justice Page de-
clared recess until 9 o'clock and the
Jury was taken out of the building for
dinner
Two attendants from the Mattea-
wan hospital were in court this after
noon II was said in the courtroom
that no matter what the verdict of the
Jury. Thaw would he rushed to Mat
teawan in an automobile by these
two attendants Immediately after
some decision had been reached or
a disagreement reached.
Expect Writ Of IIabeas Corpus.
Thaw's attorneys stated, however.
that writ Of habeas corpus was
awaiting the signature of supreme
court Justice. They said they planned
10 have the writ signed Immediately
upon the return Of the jury with q
verdict or a disagreement.
The writ. it was said, would serve
to keep Thaw within the jurisdiction
OF the courts of this county. If Thaw
were taken back to Matteawan he
would be under the jurisdiction of the
courts of West Chester county, an
other judicial district.
The Jurors returned from dinner at
9.05 y. m. and resumed deliberations.
At $3.50 the foreman sent word that
the jury desired TO ask a few questions
Of the court.
Thaw was brought to the court
room.
The jury wanted to hear that part
of the charge which related to Thaw's
intentions at the time Of the escape
ana also that part that had to do with
Justice DOwling's commitment and
what bearing the commitment had
upon Thaw's status at the time he was
fleeing out Of the state. These parts
of the charge were read.
Upon the request of Deputy Attor-
ney General Cook, Justice Page then
modified slightly charge he had
made during the afternoon instruct
ing the jury to acquit Thaw IL they
found that he had an honest miscon-
ception of his rights at the time Of
his escape The charge was so mod
flied as to read that the jury was
to take such a misconception, If it eX-
listed, into consideration as bearing on
the question of intent.
The jury then again retired to its
room TO deliberate
An hour later no word had come
from the jury room Meanwhile Thaw
sat i'm the sherifrs office above the
courtroom talking with his mother
his sister Mrs. George l.. Carnegie,
and his half-brother, Josiah Thaw