Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1915-03-13
HARRY K. THAW's
CASE IS NOW IN
HANDS OF JURY
Jury Is Locked Up for the
Night Habeas Corpus Pro-
ceedingS Next Move by
Defendants Counsel
-, 1osnso Journal sste'.l ls.sso ~iari

nm agreement ana was locked up for
the night
Untn llt20 y. M. when the jury
was officially put 10 bed ana a recess
Of court until 10 a. m tomorrow was
taken, the presiding justice ana coun-
sci for opposing sides remained In
the court building ThaW himself sat
IN the sheriffs office directlv-nbove
the court room.
The jury's deliberations. starting at
half past five, were interrupted for
dinner. from which the iurymen re-
turned about . o'clock. After that
they asked for instructions which
We're given, after Thaw had been
brought i'm court In protection OF his
constitutional right
Tho Jurors. il appeared from ques-
tion asked by the foreman, was di-
vided as TO ThaWs legal status at
the time of his escape from Mattea-
wan hospital for the insane, and as
to what effect on verdict his belief
that he had the right to flee should
have.
Thaw Resumes Stand.
The defense In the trial Of Harry X.
Thaw for conspiracy in escaping from
Matteawan asylum. rested this morn
ing after calling several character
witnesses for Roger Thompson.
Thaw resumed tho stand for cross
when the session opened,
He said he did not remember who
first advised him he could leave Mat
teawan because he was sane. AS to
who advised him that he would be
breaking no law he believed Justice
Morschauscr, OF West Chester county
had so advised mis- counsel
Where did you pay Butler for his
services ."
In Manchester, y. H." replied
Thaw. who added that the $4,000 was
paid In cash
you told your counsel You believed
YOU were sane 30 YOU believe you
ever were insanc?'
That's matter the district attor-
ney Of this county and alienists have
"Do you believe you were sane
when you killed Stanford white
Thaws attorneys objected and were
sustained
on redirect examination Thaw said
Roger Thompson first knew who ta
was after the flight in the automobile
had started.
Character Witness Called
A number Of character witnesses
wcro called to testify iu behalf Of the
ccfen lnnts. Mr. SHnchficld then
moved 10 dismiss the Indictment
against Thaw and his co-defendants
on the ground that the state had fall
ed 10 prove It's contentious; that the
New York county grand jury had no
Jurisdiction over the case when II re-
turned the bin ANA that no crime had
been committed.
Mr.. Stanchfield's motions were de-
MED. the court ruling that any county
wherein a part Of the alleged conspir-
acy has been carried out had juri5-
diction. The move To discharge ThaWs
inasmuch as he mad
testified that they were not conspira-
tors, but his employees, also was re-
fused
Stanchfield then began his closing
address to the jury
Mr.. Stanchfleld began by sketchng
Thaw's record in the courts Then he
laid emphasis upon the conten-
ton that Thaw never saw the co-defen-
dants before he escaped and that the
grand jury Of Duchess county,
wherein is located Matteawan had re-
fused to return any Indictments
against the co-defendants,
No Crime Committed.
Mr. Stanehfeld argued that no
crime had been committed and that
therefore the defendants could not be
held in any way responsible for the
escape lie asked the jury to deter
mine whether they did not believe
that Thaw had been punished enough.
There was provision of law he said,
providing that the jury could bring
in "A verdict saying whether Thaw was
sane or not
Philip Carpenter personal attorney
for 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
Abraham Levy, for the other CO.
defendants, delivered an address on
their behalf 10 the jury The cruN If
his argument lay in the claim that his
clients had committed no crime.
Claims 1haw Is Insane.
Frank X. Cook, deputy attorney
general, began his closing address for
the state by saying that neither ne
nor Mr. Kennedy were here to perse-
cute or hound Harry X. Thaw."
1T is our contention said Mr.,
Cook. that Thaw was insane when
he went TO Matteawan and when ne
and we believe him insane
now. He was sane enough, however
the evidence shows. 10 know that he
was committing a crime ana had an
Intention to do so.
There are forty insane prisoners
in Matteawan. who have committed
Are we to allow them TO
walk out9 They probably would If
they had $1,000 and Butter was
around outside
When Mr. Cook concluded Judge
Page began his charge.
When DR. Cook concluded his ad-
dress to the jury, Justice Page had
the foreman determine whether his
associates preferred to go on with the
ease or whether they desired a recess
until tomorrow morning. The jury
elected to continue, and Justice Page
accordingly began his charge.
He said that it was not necessary
for the people Of the state Of New
York to prove that the parties TO an
alleged conspiracy had come together
N order 70 prove the conspiracy.
"lf they act In concert, said Justice
Page, that is sufficient TO establish
heir participation Previous ac-
luaintance is unnecessary II YOU
lind that the actions of the co-de-
'endants here were so timed that they
lcted in concert with the defendant,
fhaw. then there was a conspiracy
and their acts can be considered as