Omaha daily bee., 1907-02-15

DEATH DELAYS THAW TRIAL
Wife Of Juror Bolton Dies and Recess iS
Taken Until Monday.
JURORS ARE ALLOWED TO SEPARATE
Mr.. jerome withdraws objection "a
DIR. Evans stating Conversations
on which Insanity Opinion
IL BASED.

NEW YORK, Feb. 1A-Another tragic
chapter in the history of the Thaw-White
episode was written today when death
stepped in to halt the famous trial. The
wife of Juror Joseph b. Bolton died this
afternoon soon after her husband had
reached her bedside. He had been sum-
moned from the court room, where the
trial had been in progress less than fifteen
minutes.
The formal announcement of Mrs. Boil
tons death was made in court shortly
after 2 p. m, the hour set for the after
noon session, and Justice Fitzgerald i'm
mediately ordered an adjournment of the
case until next Monday morning. The
court also ordered, with the consent Of
counsel, that the other eleven jurymen be
given their liberty and no longer be held
together. He admonished the jurors to be
guided by their honesty and their oaths
and not to read the newspapers or to
discuss the Thaw case with anybody. The
death of Juror Bottoms wife had depress-
ing effect on everyone connected with the
trial. The prisoner seemed to feel the
matter quite keenly when he was brought
into court to hear the formal announce
ment Of a postponement.
The fact that the jurors have been kept
in close confinement since they were Sc
lected for trial service and that Mr.. Boil
ton had been allowed to visit his home
only three times during his wifes fatal ILL
ness lent a pathetic aspect and the greatest
sympathy was felt on all sides.
Mrs. Bolton suffered from double pneu-
monia. Her condition became serious yes
terday, when the morning session Of the
trial was abandoned to allow the juror TO
visit his home, far up in the Bronx. Boil
ton was accompanied by two other jury
men and by two court officers The law
provides that no juror shall at any time
be separated from the others Mrs. Bolton
rallied yesterday afternoon her husband
returned to his place and the trial went
on. When court convened at 1880 this
morning Mr.. Bolton was again in seat No.
IL, but 1t was stated that his wife's condi-
ton was critical and that he might be
called away at any time.
Evans TO Give Conversations.
DR.. Evans, superintendent of the New
Jersey hospital for the insane, was re-
called as an alienist to continue mis- di-
rect examination. The witness was asked
to detail the conversations he had had on
various occasions with Thaw in the
Tombs. He had already declared these
conversations to be an essential feature
in his conclusion that Thaw was of I'M
sound mind at the time of the doctors
first three visits to him, the last being on
September 20. Mr.. Jerome had with
drawn his objections to the statements
by Thaw going into the evidence and DR..
Evans was about to detail the events Of
his first visit on August 4. when the sum
mons for Juror Bolton came.
recess was taken until 2 D. m. and
the juror, still accompanied by two Of
! his associates and two court officers hur-
ried to the little home in the Bronx where
Mrs. Bolton was being kept alive only by
the use of oxygen. She died soon after
| her husbands arrival.
In releasing the jurors at the afternoon
session. Justice Fitzgerald took pains to
state that the rule keeping them together
had not been adopted on the separate
accommodation of either side. but was
the result of agreement based on rea-
sons which appeared excellent alike to the
! interests of the defendant and of the peo-
pie. There was intended not the slightest
reflection on the jury in any way.
1t would have been well. Justice Fitz-
gerald remarked. II the rule could have
been adhered to until the close of the
! trial but the sad occurrence had brought
about condition which must be coll
| fronted.
New Trial May Result.
In announcing the adjournment until
Monday Justice Fitzgerald expressed the
hope that the trial might then proceed.
1t is realized, however. that this will de-
pend largely on the condition in which
Juror Bolton may be at that time. If he
! feels that he can put aside all personal
considerations and continue to act as a
Juror. the trial will be resumed. II he
feels that his condition of mind is such
or that his personal AFFAIRS are such as
to prevent his giving his whole atten-
ton to the case during the remaining days
| of the trial, some other solution of the
difficulty must be looked for.
After the jury left the room Attorney
Jerome announced to the court that the
attorneys for both sides had agreed that
the testimony of Dr. Deemer and DR.
Bingaman should be taken in the form
of dispositions that they might return, Ia
their homes. These doctors, II is said
viii testify regarding insanity in both