The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-15
Wife Of Juror Bolton SuCcumbS
10 Pneumonia
SESSION OF FEW MINUTES
DR.. Evans on Stand When News of
Mrs. Bottoms Critical Condition
Came-The Jurors Go
Home.

New York February flowing to the
death of tho wife of Joseph H. Bolton,
one of the jurors, the trial of Harry
X Thaw was this afternoon postponed
until next Monday morning.
Mrs. Bolton had been i'll for several
days with double pneumonia. Her hus-
band, Juror No. II. who had been locked
up with the eleven other Jurors for more
than three weeks, was allowed to visit
his home twice yesterday and again early
today. Mr. Bolton was in his place In
the jury box when court convened today,
but it was known that his wifes con-
dition was SO critical that he might be
called away at any moment. The session
had been in progress less than fifteen
minutes with DIR. b. d. Evans, the alien
list, continuing his direct testimony when
the summons to the juror came. His
home Is far up in the Bronx and when
Mr. Bolton got there he found his wife
all but dead. She had been kept alive
by oxygen until he arrived, but expired
within an hour after he reached her
bedside
Jury Go Home.
torney Jerome, Thaw's attorneys con-
curing. that the other eleven Jurors in
the case should not be kept under lock
and key longer, but should be allowed
to return to their homes, pending the re-
sumption of the trial Monday morning.
Thaw was brought In to hear the order
for adjournment. He seemed somewhat
downcast at the turn of affairs, but In
common with everyone else in the case,
declared he felt the deepest sympathy
for the puror.
Mr. Jerome in moving for the adjourn
ment, declared that to keep the other
illrymen away from their homes dur
ing the delay would be more of a hard
ship than had been contemplated when
the-1alle at the beginning Of The trial
was invoked He said II was with the
consent of the defendant 5 counsel that he
asked that they be allowed now to re-
turn to their home life.
Mr. Hartridge formally entered the con-
sent of the defense
Justice Fitzgerald then addressed the
Jurors explaining to them that the rule
OF keeping them together had not been
adopted with the idea of casting tho
slightest reflection upon them In any
way.
"The action was not taken he con-
tinned. 'upon the separate recommends
tion of either side but upon the agree
ment of both sides and for reasons which
appeared to be sufficient and excellent
alike to the interests of the defense and
the people.
ut would have been well if the rule
could have been adhered to until the
end of the trial, but this unfortunate
occurrence has prevented it,
Not to Read Papers.
you will be allowed to return to your
homes now: but let me appeal to your
honor NOT TO read any newspaper stories
of the case not to speak to any one
about the case and not allow any one TO
speak to you.
Il trust you may not be submitted TO
any annoyance; guide yourselves accoio
ingly to the dictates of your honor ana
your oaths You will return here Mon
day morning, at which time l nope we
may be able to contine the case
After the jury left the room, District
Attorney Jerome announced to the court
that Me attorneys for both sides had
agreed that the testimony of Dr. Demear
of Kittanning, Pa, and DIR. Blngaman oi
Pittsburg should be taken IN the form
of dispositions, that they might return 10
their homes. These DOCTORS 1t Is sala'
will testify regarding insanity In both
sides of Harry Thaws family.
The statement in court that counsel
for the defense and prosecution had CON
sidered the proposition OF taxing the
depositions of Drs. Bngaman and Dee
mar. the Thaw family physicians during
the enforced recess which was endorsed
by Justice Fitzgerald, subsequently was
modified according to statements made
after recess.
Mr.. Hartridge of counsel for Thaw
said that the defense had decided that II
would be of greater advantage to nave
In tTrf
ridge said that what they have to say
would be Of materially greater ADVANTAGE
II told to the jury by word OF mouth
than If dispositions were read.
Short Session.
When Thaw came into court he seemed
to take a special interest IN juror No. IL
looking at him hxedly. Mr. Bolton was
serious, his eyes being directed to the
floor
As Justice Fitzgerald took his place on
the bench Mr.. Delmas asked that Dr..
Brtton d. Evans, the alienist, be called
for further direct examination
you have stated In your testimony,
doctor" said Mr. Defnas. that on the
first three visits to Mr.. Thaw you formed
an opinion as to his mental condition.
Was that formed I'm part by oral state
ments?'
Yes"
Were the oral statements necessary
10 YOU as a scientific man 10 enable you
to form this opinlon?'
"They were very essential
Mr. Jerome said he would offer no OBJ
lection to the conversations with Thaw
during DR. Evans first three visits, as
result of which the alienist had declared
ii to be his opinion the defendant was at
that time Of unsound mind.
Dr. Evans was about 10 relate the con-
versation at the end of his first visit on
August 4, when information regarding the
critical condition of Juror Bottoms wife
was received and Justice Ftzerald or
dered q recess until p. m
OPERATORS GET INCREASE.