The Goodland republic., 1907-04-19
THE JURY COULDN'T AGREE
RESULT OF THAw MURDER CASE
A 1uSTRIAL
The Deliberations OF the jury We're
Punctuated With Expressions
OF Bad Feeling.

The Thaw jury reported last Friday
that it was unable to agree. and was
/ discharged by Judge Fitzgerald. This
means another trial for Thaw. The
jury was out fOrty-three hours.
How the Jurors Voted.
The entire story Of what happened
in the jury room from the time the
twelve men retired at SLY O'Clock
wednesday afternoon until they finally
! decided Saturday afternoon that the
/ prospects Of a verdict were too remote
to warrant longer discussion OF the
! facts, was told by one Of the jurors
Henry c. Harvey. The final ballot,
taken just before the jury reported
its disagreement in court, was as fol-
lows:
For conviction Of murder in the first
degree-Deming B. Smith, foreman;
No. 8; Harry c. Brearley, No s;
Charles D. Newton, No. 8; Joseph B.
Bolton, No. II, and Bernard Gerst-
man, No. II.
For acquittal on the ground Of in
sanity-Oscar A. Pink, No. 4; Henry
/ Q. Harvey, No. 5; Malcolm S. Fraser
No. z; Wilbur F. Steele, No. 9, and
John s Dennee, No. 10.
Mr.. Harvey, juror No. 5, told the
/ Story as IOlOWS.
about ten minutes after we reach
ed the jury room we took the first bal
lot and it resulted in vote Of for
! conviction Of murder in the first de-
! gree and 4 for absolute acquittaI- The
men who voted for conviction were
! Smith, foreman, Pfaff, Fecke, Bear
| ley, Dennee, Bolton, Newton and
/ Gerstman. The men who voted to
/ set Thaw free were Pink, Harvey,
/ Fraser and Steele.
| Saturday night two astounding facts
/ were made known by members Of the
/ jury that tried Harry K Thaw. con-
| cerning George Pfaff, the only Juror
/ who held out for a verdict Of murder
in the first degree and the death pen
/ atty for Thaw.
The first was that Pfaf, during the
trial. wrote personal notes to District
Attorney Jerome, and that so indig-
nant did the other jurors finally be-
come about his conduct in this regard
that they threatened to call the i'm
propriety to the attention Of Justice
Fitzgerald.
The Trial Cost 100000.
The trial Of Harry K Thaw for the
murder Of Stanford White began jan
uary % and lasted about eleven
weeks. What has this trial cost both
the prosecution and the defense? 1t
is no easy matter to get accurate fig
Ures but it is a pretty safe estimate
to put the total expense at 100000.
A recent estimate put the cost at ST.
200, 900, but that is generally believed
TO be far too high.
The heaviest outlay, undoubtedly, IS
by Thaw and his family. Just how
much they have spent may never be |
known accurately. Large sums viii |
2. 10 r. 10
have been five Of these lawyers acti- /
vely engaged in the case since the firm /
Of Black, OlcOtt, Gruber & BOnynge 1
was dropped by Thaw- OF the lawyers !
DeImas will get the largest fee. He /
isn't naming the fee he agreed to ac-
cept, but it is said by the other law
yers to be $4,000 1t is surely not less
than that :
What the other lawyers viii get is
a problem. One Of them is going to
ask for $4,000. It is said that to an
other $4,000 has already been prom
ised. It is not expected that any Of /
them will get less than $4,000. Be
fore the Black firm was let out by
Thaw it is said to have received $685.
900. So the expense to the Thaws for
lawyers will be nearly S15O,OOO.
All through the trial the four medi-
cal experts for the defense were on
hand. Near the end Of the trial four
more were called in. The experts do
not come very low, especially for the
defense. If the experts between them
do not get about $4,000 they have re-
duced their rates.
Other Famous New York Trials.
This jury's struggle to reach a YER
dict in the Thaw case brings up sew
eral comparisons Of interest When
Roland b Molineux was tried the first
time, the jury was out eight hours and
it convicted him; when he was tried
again the jury was out twenty-five
minutes in reaching a decision to &C
quit him. When Nan Patterson was
tried the second time, the illness Of a
juror having caused the suspension Of
the first trial, the jury was discharg-
Cd after it had been out twenty-fOur
hours, and then reported that it could
not agree. Her third trial was equally
empty Of results after the jury had
been out eleven and one-half hours
The Thaw jury has exceeded these
records by many hours, having retired
soon after o'clock Wednesday af-
.ernoon. It was said at the district
attorneys Office in this connection that
he court Of appeals Of this state once
decided that il was entirely within
- I'D 70. /