The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-11
HARD NIGHT FOR JURY.
No Conclusion Had Been Reached a
1921 a. ~,


New York, April 11-Justice F1tzger-
aid arrived at the court house at 1921
a. m. At that time no word had come
from the jury sitting in Judgment on the
fate of Harry K. Thaw.
After fruitless night of discussion
and baloting, the jury was liberated
from it's conference room at o'clock
this MOI ming and taken to breakfast
The night had been a hard one for
many of the jurors and the strain of
the long trial and the long hours of
dehbcrat ii IN on a verdict plainly show
ed on their pale faces and Redeemed
eyes.
A jury locked up to consider case
is given no comforts. TIE chairs in
the jury room adjoining part one of the
trial room of the supreme court iii
which Thaw had his hearing are hard.
straight backed affairs in which. even
few moments of sleep for a tired jury
man would he well nigh impossible
The one long table in the center of
the room has sometimes done duty for
a bed for the man among the II so
fortunate as to draw it in a lottery to
decide its disposition.
The Thaw jurors have been a cheer
full body Of men but today their coun-
tenances wore the serious look of men
nothing in their demeanor to denote
that they had reached any sort of con-
clusion.
Justice iFtzgerald's charge on yes
verdicts and it was said this morning
that the dlsagr cement of the Jurors
may have had 10 do with the degree
of their verdict as much as with the
broader question of guilt or innocence
The court in aging down the law said
it was within the province of the jury
under the indictment to find a verdict
of guilty of murder in the first degree
wherein there had been design coupled
with elaboration and generalization;
murder in the second degree where
there there had been the design to kill
but no generalization; manslaughter IN
neither design nor generalization but
homicide in the heat of passion; and,
lastly, not guilty on the ground of in
sanity. Justice Fitzgerald charged that
nothing to do with the case, the bad
man being under equal protection with
the good in the eyes of the law. He
also said that the personal avenging of
public or private wrongs has no place
in the law Of the land.
Justice Fitzgerald, in locking the
jury up shortly after IL o'clock last
night indicated that he would not be
at the criminal courts building until
1880 a. m. 1t was generally believed
that If the jury had reached a verdict
during the night and he had been so
informed, he would have made an
earlier trip down town. 1t was said
he had received no summons this
morning.
Inc trial which began January %
has cost New York county thousands
upon thousands of dollars; has block
ed the criminal calendar worse than
at any time for many years and has
kept the jurors away from their bust
ness for an interval which in several
cases meant serious financial loss to
them. All these things being taken
into consideration, will. It is believed,
induce Justice Fitzgerald to hold the
jury at its task until all hope of a YER
dict is gone On the other hand. he
may be convinced that if the jury was
unable to reach conclusion after last
nights long session the matter is hope
less, and realizing the hardships
through which the jurors already have
gone, he may decide to release them
from further consideration of the case
before the. day is done and declare &
mistrial.
In that event Thaw would be re-
manded to the Tombs to await : Sec
ond trial. This would mean another
summer for him in the city prison, for
his case could not be reached again
until late in the coming fall.