The Washington herald., 1907-04-13
FAILED TO AGREE.
CONTINUED PROM FIRST PAGE.


that the defendant was sane, therefore
guilty, and the acquittal jurors advancing
what facts they could against this view
Dennee Open To Argument.
In this manner the night was passed
and not long after daybreak Thursday
morning the twelve men had nearly made
up their minds as TO the points which
were vitality in dispute and about which
they needed further enlightenment. In the
course of the nights talk Jurors Pink,
Harvey. Fraser. and Steele had made so
much progress toward the conversion Of
Juror Dennee TO their way of thinking
thai he made up mis- mind that he would
! like TO scrutlnize the exhibits in the case
upon which the original four champions
of acquittal based their opinion.
Things we're in this condition when the
jury filed into the courtroom at II o'clock
on Thursday morning. and It was largely
at the request of Juror Dennee that Fore
man Smith asked that the letters written
by Thaw 10 Frederick W. L0ngfell0w. his
former counsel, and known on the record
as Exhibits A 10 I, be turned over 20
the jury for closer scrutiny. Up 10 this
time, however. it should be remembered
that there had been no change from the
original ballot Of eight 10 four for eonvic-
tion
First Talk of Compromise.
The jury retired from the courtroom
at 80 that day and at once had luncheon
sent in. When that was disposed of, the
Thaw letters. together with the viii and
its codicils which the defendant executed
on April 4. 1905, the day of his marriage.
! a.. l.
Comstock asking him to prosecute Stan
ford White for offenses against young
girls. were carefully scrutinized by all
the jury. In the course of the afternoon
there was for the first time some talk in
the jury room of a compromise upon
verdict of manslaughter
BY this time, however Juror Dennee
was beginning 10 believe that Thaws
mind was not sound when he shot White,
This wavering state of Mr. Dennee's mind
was not reflected ia the third ballot,
witch took place at 4:S0 p. m, and re-
suited precisely as had all the others.
eight TO four for conviction of murder in
the first degree. but in the fourth ballot.
which was cast an hour later.
Change on Third Ballot.
This time the party that had stood out
for conviction of murder in the first de-
( gree lost one of their number. The
/ backslider, of course, was Juror Dennee.
/ but he did not at that time go over en-
tirely to the acquittal forces. This ballot
I resulted as follows: Murder in the first
/ degree, =; manslaughter in the first de-
/ gree, 4, the cne being Juror Dennee; ac-
quittal T. Thus all the jurors voted on
/ the ballot as they had from the start with
! the exception of Juror Dennee.
Between the fourth and the NTH ballots
/ Jurors Pink. HaTney, Fraser. and Steele
got to work in good earnest upon Juror
/ Dennee. They went over all the ThaW
/ letters, and argued that ne man ina his
right mind could possibly have written
them This view at last prevailed, and
/ upon the fifth ballot. which was taken
at GO that same night. namely, Thurs
/ day, Juror Dennee voted for acquittal on
I the ground of insanity This made five
/ men now holding out to set Thaw free.
/ The other seven did not, however, vote
upon this ballot for a conviction Of muir
der in the first degree
Six for Granddaughter.
II had by this time become evident TO
/ Foreman Smith and the others who
shared his views that the acquittal party
/ were so positive in their views that they
/ could never be brought around to vote for
/ conviction of murder in the first degree.
Six of them. therefore. decided, in the
I interests of harmony, 70 make a conces-
sion and they voted on this fifth ballot
! for conviction of manslaughter in the
} first degree. One of their number. how
/ ever, was so positive IN his views that he
/ declined any suggestion of compromise.
+ This was Juror George Pfaff, Centre
/ street hardware dealer. He voted for
murder in the nrst degree on this ballot
as on all others, and when the two days
/ struggle ended he was the only man who
had voted from the start 10 the finish
/ for murder in the first degree
! one more ballot was taken on Thurs
( day. On these lines. therefore the twelve
men were still divided as on the previous
( balloh That brought matters TO a dead
1 lock. There was no further voting that
night It was spent. ike the night be-
1 fore, in argument That night the jurors
/ got little sleep all around, stretched out
/ on the tops of the tables or lounging in
the chairs. But nobody slept more than
I four hours and few more than three.
There was no sleep, however. until the
seventh ballot was cast. which was at
twenty minutes after midnight AS be-
fore I'VE of the jurors voted to acQuit.
six for murder in the first degree, one
for manslaughter in the first degree with
a recommendation TO mercy.
Last Ballot Taken.
In the early hours of the morning there
was not much doing. Everybody was
talked to standstill, and tempers were
on the ragged edge. After breakfast.
however. the argument began all over
again. and at -5:45 this afternoon il was
decided as a matter of form to take an
other ballot This was the eighth and
last ballot and resulted in seven voting
for conviction and five for acquittaI
| There the matter rested until AIS.
The jurors We're still arguing when.
at the time mentioned. Justice Fitz-
gerald sent Court Captain Lynch
into the jury room to inquire If the
jury had agreed on a verdict Foreman
Smith sent word that they had not.
Thereupon Justice Fitzgerald sent out
for District Attorney Jerome and for
Daniel O'Reily, of counsel for the de-
fense- Lawyers HartTidge. Gleason, and
Peabody were within reach. but when
Justice Fitzgerald sent for a representa-
tive OF counsel for the defense it was
Mr.. O'Reilly who responded.
/ The judge Informed Mr. Jerome and
Lawyer O'ReiIly that the jury had been
/ unable to agree upon a verdict, and he
had come to the conclusion that the jury
had been out so long without agreeing
that it looked hopeless. He asked II
there was any objection on the part OF
4 counsel for either side against the jury
being discharged. and both Mr.. Jerome
and Mr.. O'Reilly said they had no objec-
ton. 1t was then formally agreed that
the jury should be called into court and