Belding banner. (Belding, Mich.) 1889-1918, 1907-04-18
7HAW JURY
DISAGREED
SEVEN WERE FOR CONVICTION
WHILE FIVE WANTED TO
ACQUIT.
STORIES FROM THE JURY.
Trial Lasted Eleven Weeks and Was
A Continual Dramatic Scene Till the
End Came.
STORIES FROM THE JURY
New Trial in the Fall.

New Trial in the Fall.
After having struggled for nearly
two days to reach verdict, the Thaw
jury reported disagreement late Fri
day afternoon and was Immediately
discharged The final ballot stood
seven for conviction Of murder in the
first degree and five fol acquittal on
the ground OF insanity.
On the final ballot the jurors who
voted for conviction were Foreman
Deming b. Smith, George Pfaff, Chas.
| II. Fecke, Harry G. Brearley, Chas.
nard Gerstman.
The five who hung out for acquit-
tai were Oscar A. Pink, Henry G. Har-
ney, Malcolm F. Fraser, John S.
Dennee and Wilbur f. Steele.
Thaw was at once taken back to
the Tombs. District Attorney Jerome
announced Immediately after the
jury's discharge that Thaw would be
tried again, though not for several
months.
Attorney Delmss, of California, who
conducted Thaws case in court, and
who in making his summing up adj
dress to the jury appealed almost d.
rectly to the "unwritten law" or de
mentia Americana" as he termed it,
was not in court when the jury made
its report
| When the votes cast on the first
ballot We're counted ii proved that
eight of the jurors voted to convict
Thaw Of murder in the first degree,
the other four voting TO acquit on
the ground of insanity. The original
four who stood for acquittal We're
Jurors Pink, Harvey, Fraser and
Steele.
From this time on the contest was
one between these two extreme wings.
There never was much hope of reconcil.
ing them. The four who originally
were for acquittal never voted for
anything else while seven of the eight
| for murder In the first degree, re.
manned of the same opinion, although
some OF them were willing to COM
promise IL the champions OF acquittal
could be induced TO meet them halt
way
This, however, was not possible, ana
before the twelve men finally gave IL
Up, the forces that fought for acquit
tai had won over Juror Dennee to
their side.
| JulOi JOetpu DOliOn odlu. hclt
was no question of the unwritten law
| Or of 'dementia Americana in our de
alterations. We considered the case
from a purely legal standpoint. We
were not swayed by emotion.
"The jury when considering the
case took no stock in brain storms
said Juror George H. Fecke. I'VE did
not pay any undue amount Of attention
to the testimony of the alienists, eth
err Mr.. Fecke said. 1T was after Mr..
Dennee had read some Of Thaw's let
ters that the latter decided there was
a reasonable doubt as to Thaw's san
ity. Dennee then joined the four men
who stood for acquittal on the grounds
OF insanity"
District Attorney Jerome, as soon
as the jury had been discharged, went
upstairs to his office. When he got
there several of the jurors were inside
waiting for him. The jurors were
Fecke, Pink, Denlee and Foreman
Smith A little later Juror Bolton came
in, carrying a little satchel. The door
was locked and Mr. Jerome listened
to the jurors for about twenty minutes.
They explained TO him their recol-
lection OF everything that went on in
the jury room. Mr.. Jerome was much
pleased to get an accurate account
OF what happened, though he refused
to say anything about what the juror,
had told him. They all went away
after shaking hands with the district
attorney
The district attorneys manner in
dictated that he was not much put out
over the outcome. He was asked about
what he had to say as TO the result:
There is nothing that | can with
propTiety say about the trial" he
said. From what went on IN the jury
room and the way the jurors stood, II
appears certain that there should be
a second trial. As 10 the date of that
trial. there is no telling now. There
are fifteen prisoners in the Tombs
awaiting trial on the charge of murder
in the first degree, and their cases
will have to be disposed Of in the reg
ular course of events before we can
get to Thaw again. 1t certainly will
not be before fall.
"As to bail, an application will OF
comp, be made, but ] shall vigorously
oppose the release OF Thaw. Taking
in.e consideration the number of
Jurors who voted to convie. the de-
VI uNt lIlt III % oNSA &C,
, think 1t extremely unlikely that any
Judge would allow the application"
Maj Francis +. Fremont, of the
Fifth ". s. infantry, and son of the
late Gen. John c. Fremont. is being
tried by court-martial at New York.
He Is charged with borrowing money
/, on false representation as to his finan.
/. cial standing Fremont Is alleged TO
! have borrowed several sums on his
! representation that he owned prop
| erty in San Francisco, and had $4,000
in a Havana bank.
. One person was killed and about
s IS injured In wreck on the st.
4 Johasbury G. Lake Chamn,aSn railroad
T near Hardwick. VI
G Richard NJ. Waite. assistant to the