The Brandon news. (Brandon, Miss.) 1892-1961, 1907-04-18
IHAW GOES BACK
TO THE TOOMBS
JURY FAILED TO AGREE AFTER
ToRTY-sEvEN HOURS.
PLANS NOT FORMULATED
May Appeal for Bail as There Seems
No Hopes Of New Trial Before
Fall. Jerome Will Oppose This
Move.

New York.-Hopelessly dividided-
seven for verdict Of guilty Of MUIR
der in the first degree and five for
acquittal on the ground of insanity,
the jury, which since january % has
been trying Harry K. Thaw, reported
after forty-seven hours and eight min
utes Of elaboration that it could not
possibly agree. The twelve men were
promptly discharged by Justnce Fitz-
gerald, who declared that he, too,
believed their task hopeless.
Thaw was remanded to the Tombs
without bail to await second trial
on the charge Of having murdered
Stanford White, the noted architect.
| When his new trial will take place
no one connected with the case could
express an opinion. District Attor-
ney Jerome declared that there were
many other persons accused Of hon.
icide awaiting trial and that Thaw
would have to take his turn. 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 with the prisoner
to decide upon their next step. They
may make an early application for
bail. Mr.. jerome said that he will
strenuously oppose it. He added that
as seven Of the jurors had voted for
guilty" his opposition probably
would be successful. In that event
Thaw has another long summer be-
fore him in the city prison, for his
case on the over crowded criminal
calendar cannot possibly be reached
until fall.
The scenes attending the announce
ment by the jury Of its inability to
agree were robbed Of theatricalism
by the general belief that after their
deliberation and the reports of wide
division of sentiment, the jurors
could make no other report.
Thaw surrounded by the members
of his family-the devoted, aged
mother, the pale young wife, the IL
tied sister, the Countess of Yarmouth.
Mrs. George Carnegie, and Edward
and Josiah Thaw, three brothers, re-
ceived the news in absolute silence.
When it became known that the
jury was about to report, Thaw called
his wife to seat by his side and sat
with his right arm thrown about her
until he was commanded to stand and
face the jurors. Smiling and confident
as he entered the court room, he
sank Imply into his chair when Fore
man Deming B. Smith, in response to
question by Clerk Penny as TO
whether a verdict had been agreed
upon, said:
eve have not"
The mother, her features hidden be
hind dense veil of black, sat stolid
and motionless. In ill-health of late.
she had felt severely the strain Of the
long hours of anxious waiting. The
wife gripped her husbands hand tight
~ as the jury foreman spoke. and
then when he sank down by her side.
she tried to cheer him as best she
could by saying that she believed he
would now be admitted ball and that
a second jury would surely set him
free.
The mother, her features hidden
brothers, pale and well night exhaust
ed by their tedious, nerve hacking
wait for verdict smiled weakly at
Thaw as he was led away again to
the Tombs. They we're permitted to
speak with him for a few menutes
to bid him be of good cheer before he
crossed the Bridge of Signs to the
cell, which until a few minutes be-
fore he had hoped that he was about
to quit forever.
Outside the big square court build
ing only a few hundred persons were
gathered. Thousands had been there
earlier in the day. but the police had
instructions to keep every one NOV
ing and this soon tired the idly Gu
rious. Inside the building in the
gallery and overlooking the court had
gathered along the corridors were
groups Of more fortunate persons
who had been able to make THEN way
past the guards.
The court room itself was half
empty. Only the newspaper men the
court attaches and few favored
friends, were allowed to hear the YER
dict Justice Fitzgerald feared dem
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