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The evening world. [volume] (New York, N.Y.) 1887-1931, April 10, 1907, Evening Edition, Image 1

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Justice Fitzgerald Finished His I
Charge to the Jury at oClock
He Defined Every Phase of the
Law and Told the Twelve Men
They Must Weigh the Story Told
on the Stand by Evelyn Xesbit
Thaw >
Justice Eiizreratd finished his charge to the Thaw jury at 51 1
oclock The jury then retired to consider the verdict Justice r
aId decided to remain within call in case a decision ireaehed tonight
DistrictAttorney Jerome finished his address to the jury at 347
oclock He had spoken more than four hours Jerome talked in hit
thebullseye fashion He assailed Thaw and Evelyn Nesbit Thaw He
said that Thaw was sane before and after the shooting Thaw and the
m mbers of his family remained unmoved during Jeromes speech but
they all showed nervousness when th ordeal was over They all re
mained in court in the hope that a verdict would be quickly rendered
Justice Fitzgerald started his charge to the jury at 420 oclock He
began by asking their close attention saying he desired to define to them
thelaws anJ the legal wisdom by which they must be governed in reach
ing an agreement He complimented them upon the fact that they were
selected out of 337 talesmen before either side had xhausteJ Its peremp
tory challenges We impressed upon them the importance of the task
before them
You must take the law absolutely from the Court Of the facts
you are the sole judges he said Then he proceeded to make the fol
lowing points
That ibo defendant Is presumed to br Innocent until proven guilty
That ho must have the benefit of every reasonable doubt
That murder In the first degree ii premeditated and deliberate boml
Thnt murder In the second decree U homhvMe committed without pre
That manslaughter In the nut degree la murder committed without
the intent to cause death
That homicides which are not criminal are claned aa juiUflabte and
excusable homicides where life U taken In self defense or In proper defense
of another
That homicide II alo excuaable when committed by accident and
without unlawful Intent
That In this lLthe defense being Insanity U la governed by certain
eotlona of the Penal Code
That a person la not excused from criminal liability aa Idiot Imbecile
lunatic or Insane person unless he labor under such a detect of reason
I aa not to know the nature and quality of bla act or not to know the I
net wai Krone
Hut alIbI characters and acts of individuals rary the Jury must
not undertake to Judge tliU case by other cane
That if from the ertdence the jury was aatlafltd that the deed was
committed with deliberation and premeditation by a sane parson they
must nod the defendant guilty of murder In the first degree
That If the Jury found It was committed by a acne person but with
out deliberation or premeditation they must find the defendant jruJty of
mtrrrtei In the aecond degree
lh of the victim furnished neither
That the crjpmcter Juatincatlon or ex
cuse A private avenger at private or public wrong I i < not rccoBnlted b >
the Ian The character of the victim must not nlr Into yourl dellberatlong
In arrltlns at a verdict
That evidence cf communication claimed to hare been made to the de
pendant had been admitted only tending to haw the effect of lUch com
munleatlon upon his canlty
Tha the law Irllllmea unity as that U the normal condition of mgn
kin L and thin the burden of the proof of IAMnll YOU upon the defense
That ft wfftV or Reordered mind Will not In Itself an excuse and that
a delusion In the dtfendauta mind was not rxcusaQ1e for a homlcld
unlen th dtluiloB If true would bay pQnttltu ad a proper XCUM
f T1stilia 7 ry J i k cktUe trlietlet naw 1twK i tkl w 7 t
M y w r
T III 1 Ii ftf r
f q
i h
1t7 I
and flrlnp r revotrer at hla enemy was liable to caiiae death and It he
know the act was forbidden by law
That the Btory of the defendant wife wa not gIven In evidence with
regard to Its truth or falsity but In order that the Jury might decide
what effect tbo telllnR of It had upon the defendants mind
That the defendant had a right to prove a moral purpose which might
have had an effect upon the mind
That the defendant had a right to ahow that after a certain Um the
condition of hla mind underwent a change
That he had right to ahow that earlier Influences might have had an
effect upon hla mind
That Uio defendant muat prove to the satlsjcctiop of the Jury that at
J theTltne bf hla act he waa not sane within the legal meaning of the word
That the story of the defendants wife with all Its phases and the
latitude given the croMeiamlner should be weighed In their entirety
< Here Jerome murmured an exception
That the deep Interest which the wife had In the outcome of the ease
and the fact of her husbands peril should be given due consideration
That the clalnl had been that the credibility of Hummel might be Im
peached because of his conviction and because of hla record and the Jury
I was allowed to consider thin claim
That the legal presumption was that tbe defendant waa aane at the
time of the killing but that any reasonable doubt us to hla sanity must bs
given to the defendant
That testimony regarding the defendants alleged Insanity as ahown In
his examination by expert after the crime might bo considered aa tending
to show the probable condition of the defendants mind nt the time of the
tragedy i
That the Jury mlKhJacept or reject the testimony of any expert and that
the jury must take into consideration the standing reputation and ex
perience of the experts
That the opinions of the experU must be connldered In connection
with all the facts
That it must not bo taken aa granted that the statement embodied
In the hypothetical questions were true
Tha a reasonable doubt waa not a possible doubt
That the prosecution was not called upon to provo tho guilt beyond a
jiosslble doubt but that guilt must bit proven beyond a reaaonable doubt
That If the fJry had a reasonable doubt of the defendants guilt In the
fltaU degree and had no reasonable doubt of murder or manslaughter In a
leaser degree they must glee him the benefit of tho doubt aU Awl dbim
guilty III the lesser decree
That the Jury must consider only the fac tOt evidence and to disre
gard all statemrnta of counsel except such as were pertinent and proper
That the Jury should reach lu verdict In the light of the law and In
wisdom and fairness and honesty
That It the defendant were acquitted on the ground of Insanity the
Jury must so state In Its verdict
Justice Fitzgerald finished at 611 Jerome asked that the Jndg charge
the jurors also that If after a discussion one 6f the Jurors stillfelt a rea
sonable doubt all of the Juror must vote to find the defendant guilty In a
lesser degree Justice Fitzgerald mad this addition
The Court then followed the banal formality of entering an exception
In the name of the defense on thn ground that thecharge to the jury offered
by the defense liaJ not been used by th Judge
At exactly f5 he sent the jurors to their room to ballot for the guilt
or Innocence of Harry Tham Thaw wbo had Ncom noticeably nervous
while His Honor was delivering the charge gated bard Into the race of
each Juror as tbe twelve men brushed by him on their way out of the Jury
box Not one of Jhera looked at him
The prisoner was at once returned to his cell and his campy went to
the anteroom which they have used since the trial began to1 wait for the
summons which would man so much to them It was stated that all of
the Thaw party would remain In the courthouse building until he jury
reported no matter what tbe hour might be
Evelyn Nesbit Thaw mid to an Evening World reporter AI she left the
room We ore all still confident that Harry will be acquitted W a do
not believe that Mr Jerome speech bas Injured ills chances and I for one
am quite certain that we will hear the good news In a little while
The young wife did not appear to be In the lent agitated The grip
of her gloved hand al kite hook bands was perfectly steady Old 4lra
Than looked worn and haggard but there were no Indications that the
UOIIIIMHC mother would break down
AltliwuKh Thaws Iaayerp jtrttfesiMi liism lvfi as loving amply ratUflpd
with the Instructions It was acraontl + tHillmnt among the lawyers In thw
courtroom that tIlt ln + < i actions hail been rather advent to the cause of
the df n >
P3JI 9J ATTOlf1fYJ Jtl S SPEECH T < f ON FilGf2
Jury Began Deliberations Upon Facts 1 1
in Greatest Murder Trial After t
Brief Charge on the Law by
Justice Fitzgerald
I t
Dementia Americana Ridiculed by District
Attorney After Bitter Attack on Evelyn i
Nesbit and Her Storyr Which He
if wWM + J J FT I J I I ULlT
Denied as Concocted Lie
J u r
f r r
The jury trying Harry K Thaw balorc Justice < Kitzgcraid in
the Criminal Branch of the Supreme Court was deadlocked aJ
11 oclock tonight All Indications from the jury room polntej t
to fln iltarrght session r u 7 >
T <
The jury had not been lacked up an hour when th r < flgdlca
lions of a long session induced them to take a races 3 for
dinner Under a strong guard of court flews they proceeded
ceeded lo the Broadway Central Hotel at 640 P M ThaI
jurors woro given a good big dinner I over which they remain
cd thebast part of two hoursx returning It the Jury reel tat t u i
at 855 oclock t
i k
Harry Thaw gave expression to apprehension 1 t1owa
5 I
interpreted as fear for the worst waon e the jurors filed duly J
Ha was heard to say to a deputy Well thank God w 4
hpe enough exceptions
Forth first time since his Incarceration he was Icn <
Alone in the oourt prison pcn with hU wife Evelyn Naab t
ThAW who had gone toa lunch at Pontlns restaurant as soen
a 6 the jury went out They rwnainod alone thro a ft8rr r
of airiwur tafetafl over the devilopmwli ol lhtdayand IhjL
t i
s z
stinging iraignment ol OistnctAttornay Jerome
Altar a Lima they wore joined by Josiah Thaw and Mr ann
t t
Mrs George Carnegie The others of tho Thaw paty went tpl
the Lorraine for dirut W r 1nd rest alter the Inu ttriw i
r > j
wrItrlJUrYhldbenonvened for Uvtir nfghl s eul0 fl >
JIJ > tICf FiUo r3ld lent word that he wed remain witHin teln
hear call ready to come tp the Criminal Cuerts Building ai
son 25 tho jury came in
n aftcj 10 oclooV word trioklad out from the jury roof
hat the Urori had not even oomu tp the point of inking thi
It < t H fii thtt the doh bora one had rHt ohci iw oolinj uJ
i 9 r COOl I
tJ i > j 7f < t 4

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