Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-04-13


was no change in the opinions of the
jurors.
"Thereafter there was considerable
discussion among the men, but most of
the night hours were spent in sleep and
no ballot was taken until 4:30 o'clock
the following (Thursday) afternoon.
This was several hours after the jury
had appeared at the court for a re-
reading of the testimony given by every
witness of the tragedy. The fourth
ballot marked one change in the vote.
Four of the jurors still held out for an
acquittal, but OF the rest Gerhard
Gerstman, the twelfth juror. changed
his vote from murder in the first de-
gree to that of manslaughter in the
first degree.
About two hours later fifth ball
lot was taken and this showed de-
cided charge on the part of the Jurors
who voted for conviction 1t also
proved that the effort of the four jury
men who voted for an acquittal had not
been altogether in vain for they sue
ceeded in winning over to their side
Deneen, who up to that time had voted
for conviction. The rest of the jurors
with the exception of George Pfaff,
who had voted for murder in the first
degree decided that Thaw was only
guilty of mansaughter in the first de-
gree.
THE sixth ballot was taken at 9:25
O'clock Thursday night and remained
unchanged. After that there was no
ballot until 1920 o'clock yesterday aft
ernoon, when all of the jurors showed
that they Were of the same mind as
before, excepting Brearley, who in adj
dition to voting for manslapghter IN
the first degree, added that the de-
fendant should be recommended to the
mercy of the court.
The last ballot was taken at 3:45 IN
the afternoon and showed most re-
markable change In the entire jury.
The five men who had voted for an abb
solute acquittal changed their ballots
to that of not guilty on the ground of
insanity. In the hope of winning over
their colleagues. but the remainder OF
the jury, all of whom, with the excep-
ton of George Pfatf. had voted for
verdict of manslaughter, made up their
minds that Thaw was guilty of murder
in the first degree, and voted accord
ingly. This practically ended the de-
liberations OF the jury, and the jurors.
arriving at the conclusion that they
could never agree. asked to be dis
charged.
Date Of New Trial Uncertain.
When a new trial will take place no
one connected with the case could ex-
press an opinion. District Attorney
Jerome declared that there were many
other persons accused of homicide
awaiting trial, and that Thaw would
have to take his turn with the rest.
AS to a possible change OF venue,
both the district attorney and counsel
for Thaw declared they would make
no such move. Thaw's attorneys will
have conference today with the pris-
oner to decide upon their next step.
They may make application for an
early trial. Mr.. Jerome said he would
strenuously oppose it. He added that
because seven Of the jurors had voted
for guilty" his opposition would prob
ably be successful.
In that event, Thaw has another long
summer before him in the city prison,
for his case on the already crowded
criminal calendar will probably not be
reached till some time next fall
The scenes attending the announce
ment by the jury of its inability to
robbed of any theatricalism by the gen.
eral belief that after their long delib-
GRAFTON and the reports of wide di-
version of sentiment, the jurors could
make no other report than one of dis
agreement.
Thaw Hears Verdict in Silence.
Thaw, surrounded by the members
of his family, the devoted aged mother,
the pale young wife, the titled sister,
the countess of Yarmouth; Mrs
George Carnegie and Edward and Jose
Thaw, the brothers, received the news
in absolute silence. When it became
known that the jury was about to make
its report and that the case would be
disposed of. Thaw called his wife to a
seat by his side and sat with his right
arm thrown about her until he was
commanded to stand and face the jur-
ors. Smiling and confident as he en-
tered the court room, he sank limp
ly into his chair when Foreman Dem
ing B. Smith, in response to a question
by Clerk Penny as to whether a YER
dict had been agreed upon, said:
I'VE have not"
The mother, her features hidden be-
hind a dense veil of black, sat stolid
and motionless. In i'll health of late
she had felt severely the strain and
stress of the long hours of anxiety
and waiting The wife, by her hus-
bands side, gripped his hand tightly
as the jury foreman spoke, and then
when he sunk down by her side, she
tried to cheer him as best she could by
saying that she believed he would now
be admitted to bail and that second
jury would surely set him free.
The mother, the sisters and the
brothers. pale and well nigh exhausted
by their tedious. nerve racking wait,
for verdict, smiled weakly at Thaw
as he was led away again to the Tombs.
They were permitted to speak with
him for few moments to bid him to
be of good cheer, and he crossed the
'sbridge of sighs" to the cell in the
prison which until few minutes be-
fore he had hoped that he was about
to quit forever.
Outside the big square criminal
courts building only a few hundred
persons were gathered. The court room
itself was half empty. Only the news
paper men. the court attaches and a
few favored friends were allowed to
enter to hear the verdict. Justice Fitz-
gerald feared demonstration of some
sort should the general public be ad-
mitted. and he gave strict orders
against this.