The evening world. Newspaper, April 10, 1907, Page 1

WEHATHER—Snow ant freesings Thursday, fair | “ Circulation Books Open to All.’’ T SPORTING FEATURE OF THE DAY ~ ‘ Full Details Relating to the ‘Form of ALL the Horses Running a Bennings Jo- Morrow « on. Page Een e oman See NEW YORK, WEDNESDAY, APRIL 10,/19076¢ | “ Circulation Books Open to AIL.” | ~nceattbinewecn + WEATHER—Snow and freestng; Thursday, PRICE ONE ‘CENTS _ THAW JURY IN A DEADLOCK RANGLES HOR MANY HOURS EVENING WORLD RAGE CHAAT FIFTEENTH DAY AT BENNINGS. APRIL 10, CLEAR. 85 ¥ TRS: TRACE o iden three-rear-olds Btart fair We ber Hiteneock. jr fies Mlarters 18 Toa Bass =z Pom About Yo ® Grabon . Tiree year-ok Time. goad. Won all out i tired badly URTH RACE Ba course. i) Four year ds and u easily. Time 14 Won driving, Time—1.31 Le 3. Carr oft. 4.1 Ay Bud showed iinprovement and h,, BLACK STORM IN ANGRY SWIRLS OVER THE CITY Snow, Rain and Sleet So Thick You Could Cut It with a Knife, A Diack squall of snow uck the olty, « ae as strong ents as, landsmen are It came v lke & sum like one mer storm.-and 1 o but the wind ¢ cold and the snow and ice that rode on the wind wae painfully real Observers in the 4all office bulldings downtown nolloed the sky turning gray behind the Jersey hilly about 330 Boon accompa all of Jersey City and Hobo; ° hidden in what looked to be # thick fog, stretching oUt over the river, It moved on New York like a cloud, ‘Ten minutes before At struck ower portion of Manhattan a bilgsard was Feported raging in Harlem ekyvcrapers be towers of lig Tha gis were tus on in Che street od it was Poop raeit the foe as 5 aOR are TRACK GOOD, $400 added br. by Plaudit—The Rove. Dien High Cos Fi i i | F wo ) * 3 u sf XK 5 sf a ‘ Hi fy H » & Golgstetn 2 b % 30 Simm: We 40 Canvas and Havana How About You ») added, fou: half furlos w be. by Toddinaton—Cornes. Open. Alan Glos Fi, tk gag 7 Powell had speed ‘ x and a half furlongs. Columbia Winner.’ b. by Grenan—Tongese, Owner bward, $900 {stopped in the last furlone. * and upw $500 added. ‘seven furlongs 3-5. Winner, b. ¢., by Semproniue—fpaidie Dien. Aled de and upward Winn $000 add, br ne Quail pelted notaity on windows facing the ? uy of siness pec pole bound bour omeward. NEW ORLEANS RESULTS, FIRST RA Ho 6 and 6 Li due Time BECOND Nace Beven to band out) 1 Vie 2 furlongs St. Josaon sier, 8 Tim: THIRD RACE Mile and a quarte | Fie vigny @ to 1 ae 2 and ou Noel lace) 2. To “Time—2 0. RACE—Half mile. ~Biue 2 Band | to 3) 1, Baick Mar for place) 3, Truce 4. Time FIFTH RACE-One mile —Zick Abrame (12 to 1 and 1 Allonby (@ 0 8 for pl Quagead. Time s@ —_—~ EVA BOOTH STRICKEN AFTER BIG RALLY, ANTON. 0., Miss Eva Booth, com mander of tie Sal om Army mpoke at the Auditorium here lee ueand people by & sudden jlin Her condition was # e atfer the address serious that whe ts evil in the hands of @ physician at tb McKinley Motel and is unable to leave the eity | Mrs. MoKinley had arranged t ce er at her home to-d ¥ eve Of DPT sicknesn wan went to t MekKiniey home, Mra. MoKir ad conveyed to Booth wards of «ym pathy and DORAN JAQNAAT- onal inquiry L COURT IN HIS CHARGE REVIEWED TESTIMONY IN Justice Fitzgerald Finished His Charge tothe Jury at 5.11 0’ Clock _— He Defined Every Phase of the Law and Told the Twelve Men They Must Weigh the Story Told on the Stand by Evelyn Nesbit Thaw. Justice Fitzgerald finished his charge to the Thaw jury at 5.1! |o’clock. The jury then retired to consider the verdict. Justice Fitzger- |ald decided to remain within call in case a decision is-reached to-night. District-Attorney Jerome finished his address to the jury at 3.47 Jerome talked in hit- He He had spoken more than four hours. | the-bull’s-eye fashion. He assailed Thaw and Evelyn Nesbit Thaw. jsaid that Thaw was sane before and after the shooting. Thaw and the bers of his family remained unmoved during Jerome's speech, but VOusneSsS the 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 4.20 o'clock. He began by asking their close attention, saying he desired to define to them the laws and 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 xhausted its peremp: |tory challenges. 4e impressed upon them the importance of the task j before them “You must take the {you are the sole judges,’ lowing points Hoshi when law absolutely from the Court, Of the facts he sail. Then he proceeded to make the fol- DEFINES THE LAW TO THE JURY. Tha defendant is presumed to be innocent uptil proven guilty, That must have the benefit of every reasonable doubt Th der in the first degree is premeditated and deliberate bomi- That murder in the second degree ts homiride committed without pre meditation That ma aughter !n the first degree {s murder committed without ) the intent to cause death The excusable homicides which are not eriminal are classed as justifiable and homicides, where life is taken in self-defense or tn proper defense of another Tha it unlawful intent in this case, the defense being insanity homicide is siso excusable when committed by accident and with T it Is governed by certain sections of the Penal Code. ‘That a person is not excused from criminal Habtlity as idiot, imbecile or insane person unless he labors under such a defect of reason to know the nature and quality of bis act or not to know the act Was wrong That, as the characters and acts of individuals vary | not undertake to Judge thie case by other cases lunatic as not the jury must } Tha! if, from the evidence, the fury was satisfied that the deed . committed with deliberation and premeditation by @ sane person, they must find the defendant guilty of murder in the first degree. TELLS OF MURDER IN SECOND DEGREE, That if the jury found {{ was committed by @ sane person, but with out deliberation or premeditation, they must find the defendan: gu'jty of murder in the second degree That the character of the victim furnished neither justification or ex : house. A private avenger of private or public wrongs is not recognized by the law. The character of the victim must pot enter tnto your deitberations jin arriving at & verdict.” | That evidence cf communication claimed to have been made to the de fendant had been admitted only tending to show the effect of such | com manieation upon his sanity | | That the law presumes sanity, as that is the normal condition of mar | kind, and that the burden of the proof of insanity war u the dete That @ weak or disordered mind was not in itself an excuse and tha e delusion in the defendant's mind was not excumabie for a homicide unless the delusion, if true, would have coustituted @ proper excuse. That me jary must decide whether Thaw Knew the et nes AN EXHAUSTIVE WAY and firing a revotver at his enemy was line to canse death, and if he knew the act was fortidden by law That the story of the defendant's wife was not given in evidence with regard to Its truth or fmisity, but in order that the jury might decide what effect the telling of it had upon the defendant's mind HAD RIGHT TO PROVE MORAL PURPOSE. That the defendant had a right to prove a moral purpose which might have had an effect upon the mind condition of his mind underwent a change. That he hed a right to show that earlier influences might have had an | effect upon his mind. That the defendant must prove to the satisfeetiop of the jury that at Jthe tim@ of his act he was not sane within the legal meaning of the word. That the story of the defendant's wife, with all {ts phases and the (Here Jeorme murmured an exception.) That the deep interest which the wife had In the outcome of the case and the fact of her husband's peril should be given due consideration. That the claim had been that the credibility of Hummel might be im- |peached because of bis conviction and because of bis record and the jury was allowed to consider this claim. That the legal presumption was that the defendant was sane at the time of the killing, but that any reasonable doubt as to his sanity must be given to the defendant That testimony regarding the defendant's alleged insanity as shown in to show the probable condition of the defendant's tragedy, That the jury might,acept or reject the testimony of any expert, and that the jury must. take tnto consideration the standing, reputation and ex- perience of the experts That the opinions of the experts must be considered in connection with all the facts, MUST HAVE BENEFIT OF THE DOUBT, That it must not be taken as granted that the ements embodied in the hypothetical questions were true. Tha 4 reasonable doubt was not a possible douby That the prosecution was not called upon to prove the guilt beyond « possible doubt, but that guilt must be proven beyond a reasonable doubt. That it the @ry bad @ reasonable doubt of the defendant's guilt in the first. degree and had no reasonable doubt of murder or manslaughter in a lesser degree, they must give bim the benefit of the doubt and figd him pucwtt in the lesser degree. a | the jury must consider only the fac tsot evidence and to disre- gard all statements of counsel except such as were pertinent and proper. That the jury should reach its verdict in the light of the law and in wisdom and fairness and honesty That if the defendant, were acquitted on the ground of insanity, the | jury must so state in {ts verdict | Justice Fitzgerald finished at 6.11, Jerome asked that the Judge charge the jurors, also that, if after @ discussion, one of the jurors still ‘felt a rea- lesser degree. Justice Fitagerald made this addition, The Court then followed the usual formality of entering an exception in the name of the defense on tke ground that the charge to the jury offered by the defense had bot been used by th Judge HARRY THAW WAS NOTICEABLY NERVOUS, At exactly 5.15 he sent the jurors to their room to ballot for the guilt or innocence of Harry Tham. Thaw, who had become noticeably nervous while His Honor was delivering the charge, gazed hard into the face of each juror as the twelye men brushed by him on their way out of the jury box, Not one of them looked at him nce returned to his cell, and his family went to The prisoner was at the ante-room, which they have used since the trie! began summons which would mean so much to them. It was stated that all of the Thaw party would remain in the court-house building until the jury what the hour might be yeported, no matter Evelyn Nesbit Thaw said to an Evening World reporter as she left the room: “We are all still confident that Harry will be acquitted. We do not believe that Mr. Jerome's speech has injured his chances and | for one am quite certain that we will hear fhe good news In a little while.” The young wife did not appear to be in the least agitated. The grip f her gloved hand as «be shook bands, was perfectly steady. Old Mre haw looked worn and haggard, but there were no indications that the| on-hearte mother would break down Although Thaw's lawyers pr themaelves as being amply eattefed sag aent nong the lawyers in th court oen rather adverse to (he cause of the de _ DISTRUGT-ATTORNEY. JEROME'S SPEECH ON PAGE 2 That the defendant had a right to show that after a certain time tne| latitude given the croas-examiner, should be weighed in their entirety. his examination by experts after the crime, might be considered as tending | mind at the time of bea sonable doubt, all of the jurors must vote to find the defendant guilty tn 8) to walt for the | Seana ee ‘Jury Began Deliberations Upon Facts in Greatest Murder Trial After Brief Charge on the Law by Justice Fitzgerald. JEROME SUMMED UP IN ' HAMMER-AND-TONGS STYLE | «‘Dementia Americana’ Ridiculed by District. Attorney After Bitter Attack on Evelyn Nesbit and Her Story, Which He Denied as Concocted Lie, ing Harry K. Thaw before Justice Fitzgerald in The the C nal Branch of the Supreme Court was deadlocked at 11 o'clock to-night. All indications from the jury room pointeg | to: ght session. | The jury had not bees lacked up an hour when the indica- s of a long session induced them to take a recess for nder a strong guard of court officers they pro- ecdec Broadway Central Hotel at 6.40°P. M. The jrors were given a good big dinner , over which they romaine ed the best part of two hours, returning ta the jury room 5 o'clock. y Thaw gave expression to apprehension which wae terpreted as fear for the worst whon the jurors filed out) | He was heard to say to a deputy: “Well, thank God! we nave ough exceptions,’ e first time since his incarcerationy he was: ler the court prison-pen with his wife, Evelyn Neseit », who had gone toa lunch at Pontin’s restaurant as so@n as (he we They remainod alone three-quarters hour king over the developments of the day and the | inment of District-Attorney Jerome ‘ f we ved by Josiah Thaw and Mr, ang M arnegic The others of the T party went lo H 4 for id rest after the long stranf | ti | 9 i sent word that he would remain within telap; ome to the Criminal Cuorts Building a& } ok word trickled out from the jury roo s had not even come to the point of taking t and that the delibera@ ons had reache? no dotinity stage. J lta ahd ais R ie