The Washington herald., 1907-04-13

and chatted with one another. Several ex-
changed smiles. They seemed relieved
by the fact that their labor and respon-
sibility were over
By this time Lawyers Gleason, Pea
body, and Hartridge were in their usual
places at the counsel table. Three min
utes after the jury arrived Thaw entered.
followed. as usual. by a prison guard. lie
marched straight down the aisle looking
neither to the right nor tise left. placed his
overcoat over the back of chair and sat
down. Then he looked over and bowed TO
several reporters who sat close Dy. His
face was white. but impassive- His law
yers had already informed him that the
jury had failed TO agree. moment latet
District Attorney Jerome and Daniel
O'Reilly came in. the district attorney TAX
ing his seat inside the rail MI Garvan
arrived an instant later and joined his
chief
ThHw Family Enters Court.
At precisely 4.S0 young Mrs Thaw
entered from the witness room. She look
ed pale and rather frightened. She had
scarcely taken her usual seat when Mrs
William Thaw followed with the Countess
of Yarmouth. Mrs. George Lauder Car
negie. Edward Thaw. and Josiah Thaw.
Az the same moment Justice Fitzgerald
entered from his chambers, while every
body in the courtroom arose.
Dan O'Reilly went back and spoke 10
Harry Thaw wife. She at once slpped
forward and took a chair at her nus
bands side He turned to her. and as ne
did so his face was illumined with one
of those rare smiles of his. She slipped
f-asr rrFrrf a fasssr
sat while Clerk Penney called The roll
That concluded, Clerk Penney said in a
quiet. conversational voice:
THE defendant viii arise.
Then the clerk repeated the conven-
tional formula;
Jurors please arise. Defendant look
upon the jurors. Jurors look upon the
defendant Gentlemen Of the jury, have
you agreed upon verdict?
we have not sir, said Foreman
Smith, in an even tone.
Then the Jurors resumed their seats.
while Thaw resumed his chair. and again
took his wifes hand. Il had been very
quiet until after the words of Foreman
Smith were spoken. when little buzZes OF
conversation swept through the court
room
All this time the entire Thaw family
had sat motionless. With one exception,
they showed the utmost stoicism. The eN-
ception was the Countess Of Yarmouth,
who smiled IN "a pleased way when she
heard Foreman Smiths announcement
The moment that was pronounced the
court door, which had been locked after
the jury came in. opened just wide enough
to allow one man to emerge The instant
he got out he shouted at the top of his
voice:
Disagreement,
Before the door had closed again there
was heard the roar OF the waiting crowd.
The next moment perfect Stiffness again
reigned in the half-empty courtroom.
Judge Discharges Jury.
Justice Fitzgerald consulted some let
ters which he had before him. and, speak
ing very slowly, said:
Gentlemen of the jury. / have kept YOU
together for this long time for the reason
that 7 deemed it my duty to do so as long
as there was any possible hope of your
being able TO reach d verdict I have ar
rived at the conclusion that this is now
impossible TO be expected. and consulted
with counsel representing the people and
the defendant-the defense's counsel and
the learned district attorney-and I am
going to discharge you from further con
sideration of this case, with the leave OF
the court and the public prosecutor and
the counsel for the defense consenting To
such discharge
Correct" said Mr. Jerome. as the judge
paused.
Yes, sir" said Mr. Hartridge. from his
seat outside of the rail.
"With the leave of the court, the public
prosecutor, and counsel for the defense
.consenting to such discharge" repeated
Justice Fitzgerald interrogauvely.
This time it was Lawyer O'Reilly who
said Yes, sir
''Then, gentlemen, you are relieved from
further consideration of this case." de-
clared Justice Fitzgerald.
Court Remands Thaw.
Mr.. Jerome began to make a remark To
the court. and the court reminded him
that he had not asked that Thaw be re-
manded to custody. This request the dis
trict attorney promptly made, whereupon
Justice Fitzgerald said:
THE defendant is remanded a"
Immediately the jurors rose ana filed out
of the box, uD the aisle and out of the
courtroom. Thaw did not look at them.
though some of them glanced at him as
they passed. He still sat there in the seat
ne has occupied for over eleven weeks.
holding the hand of his wife Then he
was taken out by the prison guard. The
jurors raced to the jury room for their hats
and coats While they were donning these
articles Thaw was brought through the
corridor and passed some of them. He
nodded pleasantly and went upstairs Ia
the pen on the floor right over the Jury
room. In a very few minutes the court
room was deserted save for an Official OF
two.
The police scattered the throng. anc
Mrs. William Thaw. the Countess of Var
mouth. and Mrs. George Lauder Carnegie
came out of the courtroom and walked
upstairs to where Thaw was waiting
They were escorted by Lawyer Hartridge
Before they got TO the room where ThaU
was, young Mrs. Thaw, accompanied b,
Lawyer O'Reiliy, came out OF the court.
room, Her veil was drawn over her face
and she leaned on the lawyers arm. lie,
steps were slow and faltering. and she
looked worse than at any time since the
beginning of the trial.
Thaw Seems Cheerful,
Ali the Thaw women entered the Der
and talked with Thaw, Thaw seemed ii
good spirits. Instead of being cheereC