THAW'S INSANITY.

Dominion, Volume 1, Issue 112, 4 February 1908, Page 7

THAW'S INSANITY.

JUDGE'S CHARGE.

INDEFINITE DETENTION.

81 IELGQEAPH —PRESS ASSOCIATION —COPYRIOIH* New York, February 2. 'Judgo Dowling, in summing up tho evideuco in tho' case against Harry Thaw,charged with tho murder of Stanford White,' emphasised the fact that only such defect, of reason as would make him unaware of the. • naturo of an act, or unaware that the act was wrong, would excuse Thaw from responsibility for his crime.. • •. j Tho jury were eleven hours in deliberation i on Friday, and took fourteen ballots before thoy reached an agreement. i. Tho crowd cheered Thaw and his wife ' while they were motoring to Matteswan , Asylum, where'Thaw'is, according to tha ■'; Judge's "order, to be confined for an indo . finite period. Mr. Littleton, Thaw's counsel, has decided not to take action at present: to hinder • Thaw's committal to an asylum. ' SIX. VERDICTS TO CHOOSE FROM. The Judge's charge is in accord with section 21 of the Penal Code of New York, wliich snys: "A-person is not excusable from criminal liability as an idiot, imbecile, lunatic, or ' insane person < except \ipon proof that at the . time of committing the".alleged crime he was labouring under such d' defect of reason as . either not to know tho nature or quality of ; the act or; to know that the act was wrong." ' . 1 According to legal there were six ' verdicts open to the jury in the Thaw case. These verdicts—among which the jury has ■ chosen No. 5, as aimed at by the defence—are as under:—i • ;

1. Murder in the first degree, the penalty for which is death. . ' ; 2.'Murder in the second degree, the penalty for'"which. is, life imprisonment. i 3. Manslaughter in the first degree,.the pen- { alty for which is imprisonment for twenty years. . . • 4. Manslaughter in • t!je, second degree, punishable by fifteen years' imprisonment. i •Y). Not guilty, on the'ground that the de-, ■' fendant was insane at the time of the shooting. : .. 1 ■ - (i. Not guilty, without any explanation. , The present-jury was out for eleven hours. Tho ; '!ast jury,: which disagreed, was out for 47' hours 8 minutes. Probably the record for an American jury's deliberations is held by tho good men and true'-who took 59 ihours 10 minutes to find William J. Koerner guilty of murder in the first, degree. . , The present jury took 14 ballots; the Inst one took 8. It is estimated that'the last trial cost"' 200,000 dollars, of. which about 235,000 dollars was spent by the Thaw family.