The Washington times., 1907-04-13
Wakeful Nights and AnX-
iouS Days Wear
Men Out.
Bitter Debates Between
Jurymen on Fate of
Accused.
By CHARLES H. FECKE,
Juror No. 3.

>
Copyright. 1875. by Anerlcau-Jourual-E FIX
amiEer
On reaching the jury room, over
the court room, at 5:23 p. M,
Wednesday, the members of the
Thaw jury assembled about the long
table in the center of the room, with
Foreman Deming b. smith at the
head and Juror Bernard Gerstman,
No. L., at the opposite end OF the
table.
Gentlemen, said Foreman Smith,
solemnly, we had best proceed 10
this matter in a parliamentary man
ner TO avoid possible confusion. So,
if there is no objection. that win be
the rule. and ! viii preside.
Just "a moment, If you please. Mr.
Foreman" spoke up one juror. This
is a most serious matter, on which de-
ponds the life OF a felow-man- i be-
Heve We should have divine guidance
and / suggest that we devoutly ask the
assistance Of the Almighty God iu our
dell5er8u lions"
foreman said, so the juror viii lead
US in PRAYER"
we may an ba Of one mind. said
Foreman Smith so that it viii not be
necessary to debate or discuss the evil
denCe- To determine our individual
opinions al The present time. we VIII
now take sI Not. with the under
standing that hrs FIRST ballot Is nearly
intended 10 Indicate how we stand.
This ballot indicated this result
For murder In the first degree. Smith
Pfan. BreaTley. Newton. Bolton. Gerst-
For manslaughter in the first degree:
FeCke ana DCunCe.
For acqEittai on the ground of insan-
iJy; Harvey Fraser pink. ana Steeie-
Praise Evelyn's Sacrifice.
As soon as The result was announced
Feclse and steele announced that they
wished 10 change their ballots 20 murder
en- The FIRST degree, saying they had
written down the manslaughIer verdict
as a suggestion for a basis OF comprom-
Use. if such was found necessary.
That ballot was taken at 5:32 p. m, a
little less tcan ten minutes after the
were drawn strongly at eight FOR con-
VicJiun an1 four Tor acquittai
w elL-.u have To have more evidence
or a better Understanding of it before
Slid one o. the elderly jurors.
He had voted for murder verdict
Steele. of the minority. relied and point
ed with considerable praise TO the noble
sacrifice Evelyn NesbiI ThaW had made
He said it was sufficient 10 turn any
mans mind and make him crazy enough
10 kill the man who had wrought such
{ injury.
This was scoffed at by several OF the
majority and in "a few minutes. when
matters looked very warm Foreman
Smith arose and said
Gentlemen. see that we are to have
( some difficulty in arriving at a imam
NOUS conclusion. II may take as some
! time but ! believe we are all level
headed enough 10 see that there is a
, chance for verdict
Anxious to Agree.
Along this line. ] wish to say some
thing said Gertsman. -Tnis has been
long trial and expensive to the tax
PAYERS of the county. 1t has cl0Egcd
the courts and kept other offenders
from being tried when they were en-
titled 10 trial. 1 believe that we all
ought to agree right now, not TO ask
tor discharge. although we may not
think we can gree-pOSsibly-but 10
] keen working CoHScicnuoUsiy at Il until
the court voluntarily relieves Us iflt
7 believe that may not be necessary
( q little more enliehtenmcnt.'
Most of the Jurors said that was sat
! isfaCtory to them. and they puchted
down to the case again with the deter
minatiOn 10 stick TO IL until a Cunclu-
sion was reached
( steele continued his warm apprecia
ton OF Mrs. ThaW s sacrifice and was
praising her highly az a modern heroine,
/ perhaps greater one than any IN fc-
/ ti0n.
This aroused the ire of Fecke. Who
/ rose from his seat. addressing the fore
/ man first and then delivering an Grafton
on the main points of the case. He
/ declared that the jury had no business
! whatever TO consider the testimony OF
/ EXPERTS. the story of EVELYN ThaW, or
/ other extraneous matters.
Calls Killing Deliberate.
eve have to deal. nc said, with the
one. solitary fact: Was Harry Thaw
saue or insane at the time he killed
/ stanford White? contend that he
was He went armed to the Garden
I thar night. and if nothing else shows
deIiberatjon. I win point To the fact
that in his hip pocket he had pistol
holster. and in his ovcrcoat pocket he
had the revolver when lie killed White
/ He must have gone 70 a dark place ana
/ slipped the gun from the nip pocket TO
! The overcoat pocket That shows de
+ liberation
eve must not overlook the testimony
/ of Mr. smith with whom Thaw talked
4 on the roof garden a few minutes be-
I fore he killed White. That IS the most
/ important of all. II shows the -COndi-
Z ton of Thaws mind just before the
/ tragedy. Thaw spoke To him of many
I things of wall street speculation, going
/ abroad, meeting young women, and varl-
! GUS other things. smith saw Thaw peer
over the crowd several times in the di-
/ rection of where Mr. White was sitting
/ He saw Thaw walk into "A dark gal
/ gun from one pocket 10 another We
cannot doubt Mr.. Smiths statement.
I The next day he consulted his own
I lawyer and them made a written state
. ment Of all he could remember of the
! incidents preceding the tragedy. That
! statement was placed away in his law
yer's safe and he went to Europe. TO
/ try to avoid connection with the case