New-York tribune., 1922-04-07

insanity. Soon after O'Clock thu,
were agreed on acquittal.
announcement of the verdict was
delayed through the absence of A.,
MStant District Attorney Herber.
', 1W,aroasse, who prosecuted Miss Stone.
ne was speaking at a dinner. The
court summoned District Attorney
cohh 9,e e. huston to take his place. Miss
stone walked feebly into the courtroom
with dazed air. She had become wiId.
~ hysterica' after the jury filed to the
bench in the afternoon to have the
testimony of the alienists read, for she
reared 1t was portentous sign
Mr. Van brunt announced the find
, ing ot the jury. Justice Aspinal]
said TO the jury:
The laws oe the State of New York
provide in all criminal actions the
jurors are the sole judges of the facts
OF the crime. The jurors must re-
celVe the law from the court and apply
~ 70 the facts. charged you the
correct law this morning. Under your
oath of Office as exclusive judges YOU
have found this defendant not guilty
OF murder in the first degree. This
court must bow to your wishes and
accept your verdict. You have per
formed great duty Your verdict
may not be approved by some and NAV
be approved by others. l trust that in
the remainder of your lives you will
never again be called upon to perform
socn an important duty as you have
performed in this case"
In fifty-minute charge to the Jury.
Justice Aspinall recited the Indictment
and urged that sympathy or prejudice
be eliminated in the jurors delibera-
tions.
The defense here is temporary in
sanity" said the court, after reviewing
Miss Stones own testimony on events
surrounding the shooting, including
her statement that her mind was a
blank at the time. at becomes neces-
sary first for you to determine whether
crime the defendant was sane, and
the burden then of proving her sanity
was placed by law upon the District
Attorney and he must prove beyond
reasonable doubt that she was sane
Defect of reason means disease of the
mind, and where insanity is pleaded as
sole defense the person is not re-
lieved unless you find the mind was
diseased and that she did not know
her act was contrary to the law of God
and man If you find the District At
torney has failed to prove her sane and
of understanding mind, you must find
her not guilty on the ground of in
sanity and you need not concern your
self further"
Justice Aspinall outlined six possible
verdicts: CD Not guilty by reason Of
insanity; CD murder in the first degree
If the defendant deliberately and with
premeditation and sign took the life
Of Kinkead; 90 murder in the second
degree if without deliberation and
premeditation she killed Kinkead with
vpt doe A c1o,, tor
the first degree if she killed in the
heat of passion and in cruel and un-
usual manner with dangerous
weapon, but without design to take his
life; (5) manslaughter in the second
degree if she took life without design
in the heat of passion, but not with a
dangerous weapon; CO. acquittal.
Miss Stones attorney interrupted the
charge to ask Justice Aspinall for per-
mission to explain to the jury the
validity of a common law marriage.
The justice consented to inform the
jury that a common law marriage is
marriage in fact when agreed to by
both parties and when one introduces
the other to friends as husband or
wife. He declined, however, to charge
that the letters introduced at the trial
be thrown out and given no considera-
tion on the ground that they were
communications between husband and
wife. Mr.. Reily's last request was
that the jury be charged that if the
people failed to find Miss Stone sane
at the time of the staying she should
be acquitted. Justice Aspinall acceded
to this.
Upon the retirement of the jury Mr..
Reilly said he expected one of two re-
suits, acquittal or disagreement.
After tho jury went out in the morn
ing Justice Aspinall and Mr. Reilly ad-
dressed complimentary remarks to Mr..
Warbasse. This is the last case he will
prosecute for the state, as he has re-
signed from the District Attorneys
Office.
Informed of the verdict, Mr.. War
basse said:
"The jurors in this case were ex-
ceptionally high grade, intelligent men.
If jurors of the type we had in the
trial will not convict in a case of this
kind then the law against murder is
repealed so far as women are con-
cerned."
GrE:o,, w ,,,,an / eader. II, IaiI