Show HARRY THAWS fATE IN JURYS HANDS Instructed Burden of Proving De Dc Defendants Defendants fondants Sanity Rested on all The Prosecution INSTRUCTIONS FAVORABLE If Is Any Reasonable Doubt as to His Sanity Must be Re Resolved Resolved Resolved solved in His Favor Most Crimes Committal timi from lint red Anil Which Are Arc Not oot Insanity New York Jan Jaim SI Today for a 11 see sec second ond time the fat fot ot of Harry K Thaw slayer of aC Stanford White Itte passed pos cd Into Inta the hands of a II Jury of or his peers The 12 13 jurors jur retired nt at 1140 u a m in after afteu lis his listening tonIng to 10 a CJ charge from frOl l Justive J Victor J who sought to Impress up upon upon on an them that the thc lie burden to prove the sanity of ot tha thu defendant rested upon ulon tho the prosecution l throughout the trial and declared that if from nil all time tho evi evidence dence dance In the lie case cate the lie enter elite entertained a it reasonable doubt as all to Ills his sanity tho the defendant was entitled to tho the benefit of that doubt At the tIle sauna same time line he lie polluted pointed out the provisions of tm titi statute which provides pral lus that the Ow only persons excused l rom criminal responsibility I are those who wile suffer stiffer from such a n defect detect of ot reason tearon ns as either cither II her not hot to know knOll the tho nature or Jr quality of at their act or 01 not hot know knos kno that the act is wrong Some may amy mo hold lucId that this Is too hard harda a test lesl commented con the tho court but hut It ItIs ItIs ItIs Is the tho law Ian lo It Ills Is clear explicit and amid reasonable Mark MarIe you yuU ou that time the law III w says a tm defect of reason I 1 must Instruct you that t a it defect doted of ef reason Is not an nil opinion a ii 1 man milan may ma hold as mus to tho the Justice J or correctness nf It his own nets or an opinion that the laws Jaws of ot the time theland theland land hand are aro wrong Hatred and rev mire are riot not insanity Most Mast crimes are art com committed from tram Just such motives us nit these FAMILY PAULY RESENT Mrs William Thaw hot her son semi Josiah Jo lah fluid and her hel daughter Mrs MI George Gcorge 1 L Cani gle and antI Evelyn Eveyn Nesbit Thaw were wore in the tho court loom room Justice Cowling Dowling read rad his hlf charge From tho the moment tile the first words word camo from froum the thie bench benc 1 until the Jury Jill had luau tiled Hied out outto outto outto to begin its lit deliberations the thc court COUlt courtroom room mom 1 doors were locked and no one was allowed to pass In n or out As the Jury jur to leave leavo the tho Ito box Justice asked If they de tie desired sired aired any an of it the tho exhibits in the case caso Foreman Gremmels ls replied that thuat the Jury jur would like to have thorn all Thaw was wan compelled to stand and nod his formal assent tn to this action The Tho defendant listened Intently to 10 tho tue Judges charge the tho reciting r of or which occupied Just 40 minutes rue Tho tact fact that thaI the tho Jury Jur desired to 10 examine the tho exhibits was taken takemi to Indicate that they the tho would be some seine time lime at their deliberations While on the subject of aC reasonable doubt Justice Dowling saul said l the tIme doc dec doctrine urine trine applied to 10 the tha grade ot of crime as os aswell oswell well uell as nil to 10 time the question of Innocence of af Knowledge of tIme the nature or ci quality of ot n i defendants action Included the Iho issue lisue an its to o whether or Oi not riot ho knew ho Wits was tIring firing a 1 pistol The de tie defendant fondant had hud a n II to export the bout ben belle emht e lt of or the tho doubt us Lie to tn that as welt well as CIS asto asto to 10 ether material Issues AS TO 10 INSANITY The rhe trace of or insanity In collateral branches of tho the prisoners family Jus Justice Justice tice thee DOwling said had hall a proper lr place Piece in Iii tho Iho testimony and was ms worthy of ot consideration Justice Dowling the tho various of af murder murdel anti and manslaughter recognized under the tho laws anti anil then lien addea ad that lint the Jury jur In its ILl deliberations was not nol bound by h the tho terms of a the Iho Indictment If It your OUI verdict should be lie not net guil guilty gui guity ty ho he said under tho tue specification of ot the time plea UK us to you ou i will add lIdd the lie clause on oui thc tho lie ground of or orthe the tho defendants Insanity at tho time of at the tho of the acts charged in mu tho lie Indictment in any other verdict you yell render yau will specIfy the tho Ua tie glee uree After fter tho the Jury had bail retired Dowling anti and the opposing attorneys congratulated each lMh other oilier upon the lie ox ex expedition of ot the thc mc trial mind and tutu tho manur of oI its It conduct JustIce Dowling aid faM ills his decision to ta throw Ihlow oil all sessions opun to tho public hind hall been beon Justified by ly IJ the th way the case caso had hail been heun handled by hy the th thlire press lire Mr William visited her Imer herson son lion for far a 11 0 time limo In the tho th prisoners room Just outside the tho court chamber and then thell left the tho courthouse Young Mrs Thaw remained TO JO JURY JURL Arguments In the case cawa CIl Q of oC Harry K J Thaw on eu trial for tOI tho the killing of or Stan Stanford ford While June Juno 25 1906 1900 having basIng been beon closed cloned clo yesterday e lellIa Justice Victor 1 I Dowling today tolla charged the thu Jury JulY on Oil thu he law and tuni the tha evidence In opening Justice Ju oil Cd II on Oil the UIO Jury the hue responsibility which wax wad theirs telling thorn lint they thuy Iho should bear In lii mind that thai upon vet diet the Iho life lito or em liberty of ot the tho prisoner Your Yuill not mint be by y mow any tUI matter time the record said saul nn hut Neither lun nor 1101 sympathy Ji should HWU you ou In your deliberations Vim 1011 oti must not speculate or ci giumo ax 54 O Oto to matters in III 01 hole but hilt must mum that tho Issue lel upon your calm I o Judgment iou t us CUI to In tutu Iho weight we Ihl t credibility I y und in i of ot Its tha t Nor NII tire aru you concerned with the tho which may nitty follow oh buy a verdict at your hands Your win solo function cue tion 1011 lou U Is to 1 determine If it I allY any has lias been committed Its lIs grade rittIe timid leave 1611 hue of oi o penalty i hI 10 those 10 ho for Cor lt 18 imposition JN OCI Il lm told the they hey pear beutE in III mind that hit prisoner r U is presumed to 10 be he Innocent until tin t ii lie thu lieury Jury julY ury buns bos been beyond n ii r rca ren n doubt that lie tie la Is guilty guIlt anti anil that thul the thie burden of proof M a to 01 material upon uon bet tho prow lIl U Jl won was within tue Iho power of oe the tho Jury Jurylo lo to accept 1 of ClI ii reject the lie testimony of ut iu nl any y in III n whole holc or In iii part nUo to tl determine the weight of or If tim lin to 10 bo Iw to 10 tIme the 1 nf lit any After Alor explaining nt lit tho the consideration which tho Iho Jurors might uke tIlle ini tuili in hI weighing suoi gl ii tho Ii ti testimony I cst ui fly of iii t ii Justice I r l to 10 the mime fco ie Ho I to 0 bed haiti t I U li them that If Ie a had bean roth roll 11 of o 0 they miGht aught consider that fact act in w his bis testimony and anti also that It If they found that any witness s luau had deliberately te fali tali rd ly hy they till were eIe at III liberty to ta disregard his lila testimony entirely EVELYNS EVil AFFIDAVIT DAVIT You 1011 will vill recollect that thai the affidavit of or r Nes esbIt lt was wait not received roc hod III In ns as affording truth or either elthel falsity of f time the therein con contained un in said he ho but solely for tor the thio purpose of seeking se to establish tho fact tact that the tho th witness had made mado state monts under oath contradictory of ot if or Inconsistent with those matte made by b her I III I ut lit tills till trial And Amid If you find fin that or JI Inconsistent statements were well ac at actually made mado by h her hen or by I any other witness as to matters actually involved ed Id In the main Issue IS lIo herein as Leath testified I t lIeu fied to you ou may take lale that into con coti consideration in lit arriving nt at nta a conclusion a 11 to tn tho time credibility of such audi witness or 01 witnesses Hut But contradictory fir or In Inconsistent n consistent statements as 11 to I or collateral mutters are not to 10 JJ L i con coil considered by b you ou ns as affecting the cred credibility of a witness s OF HOMICIDE The various degrees of ot homicide were defined and the tho justice devoted much time to elucidating the tha legal meaning of the words deliberation and pre pro premeditation premeditation meditation These Cheso words he hue said ald Imply the capacity at cit the tho time line of tIme th crime crImI to think und amid reflect relied and anul by II time tile use of these powers pOwer tn to refrain from froni doing a I wrongful net act He said Mid that In lii tho thie of und nail premeditation the tho Jury jur might take into account tho the nets acts of ot tho thai defendant Im tm Immediately mediately preceding tho the shooting Ills his on Oil tho ho roof garden gauden and amud nit I tile tho Inci Inch Incidents Incidents dents attending the shooting Itself A mino sauie mart A ii voluntary agent net act In upon motives must bo be 1 presumed to 10 contemplate mind Intend the tIme necessary natural tumid hild probable le consequence of 1 Ills hula nets ho Iii hm continued If therefore ono 1110 voluntarily or wilfully does an un act which has a C direct tendency to ta de tie destroy destro stroy life Ito Iho natural and amid necessary Is limit ho Intend Intended ed Oil to Iti destroy deshO lite You Tou are aro not liuti to 10 be lie prejudiced by b any nn testimony which re reflects fleets upon the thc character of the tho defend defendant hut ant In Iu the eye of or tho law Ian to ta murder the Iha vilest lIest and mund most abject object of the tho hu hut human hutmann man mann race raco Is III as nil great a II crime erlmo as to murder pt its II greatest benefactor There Is no testimony tI to time the proof that Stanford White came cumo to 10 Ills his tenth death as its the tho result of IJ a pistol shot wound Inflicted by hy tho defendant The TIme defendant under plea of oC not guilty lies has entered a n that at nt time tho time of It the hue in iii question ho howall howait was wall Insane Und anti that therefore under tIme tho law la Is not mint responsible for tor hula his nets actS at the tho in que DEFENSE DEl OF INSANITY INSA Where the tho defense is III Insanity and amid the ho evidence Is III ti given Ien tending riding to establish lish that hint question Is presented whether the tho crime was Willi com coin committed by b n it person responsible re pon ible for fO lute his acts and the burden of establishing sanity is upon lItton tho time prosecution anti and If Ie In the whole ease case on reasonable doubt douht remains In iii your oui mind ns mis to tho the de do Insanity he hue is entitled to tho ha benefit of doubt rind and to bo ho ac or acquitted a quitted upon that ground The rhe only question for fuir nr you to decide Is 18 whether the defendant won or was not riot Insane on mui tho Iho evening of Juno 25 when tho tIme shooting occurred Butt But the testimony testimony I ot or life mony of history prior I Illness and tumid conditions tumid Iud of n if subsequent quent mental and amiul physical ph slate Is 19 re me received cI tn to east Unlit upon the question of tho the defendants mental condition nt at the Ih time In question The rhe prof lirot of nn an ants If IS like hike tho lime proof of hu lie taint offered for tho purpose of or o further light upon his hi then condition the tIme point at nt Issue by hy pros pro proving ing lug his luls earlier nail ond recurrent or 01 con continuous mental state EXPERTS EXI TESTIMONY TJ You will weigh neigh tho thin testimony of ot the exports experts as 8 you tin ItO tho limo other testimony In hI the Iho ease case You are 1110 not hound bound by b It unions you ou doom deem It worthy worth of your cro cr delict To conclude If you tire satisfied be beyond yond a It doubt upon tho the proof that nt III the Ih time lola ot of 1111 tim commission of tile th net act In tIme the Ih Indictment the Iho defendant the tho nature and quality of lit tIme act ho was oln mill and that thAI lie Iho I lid art 1111 wrong you OU will 1111 find him guilty of touch such d ir of e n Si under tIme Iho law ns nil h r laid down lown the Ih PV vl n d von of huts bin hi guilt lit u II doubt If Jr on nn the tho thae contrary e nn I 11 r you ou cure are snivel time tho proof list at st the Ihl time iliac of 0 the 1111 commit commitment mont ment I ont of thin the UI net charged chBr ed In III th Ih thus In Iii Ui Ihl lit was wall laboring r Mien lh n ti of reason rennon ren nn BH us chImer Ither not II in to know tho tIme anti un 1 quality of o the thie Ih a it t I he hut wn waR doing or w not to 10 know Imol the th net lid Willi or It If you entertain n ut doubt as III to tn whether the Uie witS Willi H under tinder uch u a deficit nf ut ren resson on n as not lint to 10 the thu th duality of I the Ih art Act li lie w js or not to In I know lh the art act was ws you will 1111 Mull tI the defendant on emit the hi if qt ln It y |