Page:The Great Harry Thaw Case.djvu/287



"'A person is not excusable from criminal liability as an idiot, imbecile, lunatic or insane person except upon proof that at the time of committing the alleged crime he was laboring under such a defect of reason as either not to know the nature or quality of the act or to know that the act was wrong.'

"Before murder in the first degree can be done, a distinguished jurist has said, it must appear that there was some act of deliberation and premeditation. This, of necessity, is for the comprehension of the jury.

"If you are satisfied that there was a design to effect death, but without deliberation and premeditation, you may find murder in the second degree. The defendant may be convicted under this indictment of murder in the first or second degree or manslaughter in the first degree.

"When it appears that the defendant committed a crime and there is reasonable doubt of which degree he is guilty, he can be convicted of the lowest only.

"As I have tried to impress upon you since this trial began, the character of the victim furnishes neither excuse nor justification. The general character of the victim is not the issue, and no matter how bad he might have been he was entitled to the protection of the law.

"The personal avenger of private or public wrongs is not recognized under our law. Every person is under the protection of the law. Good or bad, exalted or humble, all are alike covered by its shield.

"The plea of not guilty is a denial of every material allegation charged aaginst the defendant, and such evidence may be presented as will offset these allegations and establish his insanity at the time of the commission of the act.

"The law presumes that sanity is the normal condition