Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-13

on the unWritten law characterized as
''Denentia Americana" If instead OF
this counsel had dWelt upon the
statutory insanity of Mr.. Thaw, which
was plainly proven. Mr.. ThaW might
have been acquitted.
Mrs. William Thaw, mother of the
prisoner, sent out the following mes
sage in response 70 requests for =
statement. tonight:
Mrs. Thaw has nothing.to say. She
has made no statements since she has
been in New York, neither will Sne
make any"
Mrs. Evelyn Nesbit Thaw said:
Il can't understand it. l don't sec
why they could not have come To some
agreement" A reporter said to Mrs.
Thaw. THE jury stood seven To five Tor
conviction"
II don't believe it," she cried en-
phatically. They ought to nave ac-
quilted him on the evidence.
When the disagreement Of the jury
was announced in court Thaw turned
even paler than he had been Tor IN"
mast several days and when he was
remanded back 10 the city prison al
the suggestion of District Attorney
Jerome, he hung his head dejectedly.
Tn to the very last Thaw had hoped
that the IL men would finally agree
upon verdict Of not guilty.
1t was 4.2O Z. NJ, when Justice tltz-
gerald sent court messengers to sum-
mon District Attorney jerome ana
counsel for the defendant. Three MIN
utes later he ordered the jury to re-
port before him in the court room.
The jury filed into the court room at
425 There was considerable delay
waiting for Mr.. Jerome, who had left
the building. Thaw was brought be-
fore the jury at Apo. He entered as
smiling and confident as ever. Nheh
he had taken his seat, however ana
noticed that none of the members vi
his family was in the room, he began
| to get nervous and anxious. In lew
| seconds, however, his wife appeared
and after smiling greeting TO hlAn'
| she was making her way TO her az
| customCd place when Thaw caught her
| nv the sleeve and beckoned her into
! the unoccupied chair beside him. he
! nut his right arm around her waist
| The other members of the family en-
| tered within few minutes.
| Then came District Attorney jerome.
| As soon as the latter arrived JuStico
Fitzgerald took his place on the pencn
and Clerk Penny began to call 'he ron
. ar the Jury. When this was over lie
turned to Thaw and in loud voice said
THE defendant will rise
Then for the first time those IN inc
court room knew that the end OF the Ia
nous trial was at hand.
| clerk Penny turned next to the jury
box and said:
! Tho jury will rise
Then he went on:
| defendant, look upon the jurors
Jurors look upon the defendant Gertie-
men of the jury have you agreed upon IL
verdict"
| 1--WE have not" quickly replied Fore
! man Deming j. Smith in n voice that
was audible to every corner of the court
room.
Little Mrs. Thaw reached UP and grasp
Oh her husbands hand. Thlw sat down
Emnlv beside her She whispered COM
fortine words in his ear and told him she
believed from what counsel had said that
there was n good chance Of his being lid
Grated on bail.
Justice Fitzgerald turning to the jurors,
said:
gentlemen of the jury, I have deemed
II nv duty to keep You here as long as
there was 2 possibility of you reaching n
verdict. I have arrived at the conclusion
that it will be impossible for You to do
So I have consulted with counsel Tor
the defence and the district attorney. and
am going TO discharge you from further
consideration of the case, the public pros
Iccrtor and counsel for the defendant con-
lsentinG to such discharge"
| Justice Fitzgerald called upon District
Attorney Jerome and Messrs. Daniel
:O-Reilly and Clifford Hartridge of Thaw :
counsel to arise and formally enter their
consent.
Then Mr. Jerome spoke:
81 will ask" he said, that the defend
ant be remanded in custody as before"
THE defendant will be sc relnanded,
ordered Justice Fitzgerald. and Thaw
arose and made his way out of the court
room.
District attorney jerome said there
were reasons which made it necessary
that the January term of the court, III
which the trial of Harry Thaw was be-
gun. should not vet be adjourned sine
die He asked that such adjournment be
taken as would comport with the con-
venience of the court. Justice Fitzgerald
then ordered an adjournment at 4.3i until
lIonday. April %.
Mr. Jerome later said that the adjourn
ment until April 90 had nothing TO dc
with the Thaw case.
There are 81 homicide cases in my Of
fee" he said. land II or Is murderers ir
the Tomhs. and they must all have their
day sn court The Thaw case must take
fits turn
Asked tonight about a report thai
Mr.. Hartridge. Mr.. Gleason. Mr.. Pea
body and himself had retired from thu
Thaw case. leaving only Daniel o.
Kelley as counsel. Mr.. Delmas said:
LAS to that, I have not withdraw
! from the case and have no reason t.
believe that MeSsrs. Hartridge. Glea
: son or Pea body have.
!; As to the disagreement 10 the jury n