New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-15
HALT IN THAW TRIAL.
MR. BOLTON'S WIFE DIES.
10 Resume Case on Mo1Dday-Jurors
.AUozUed to Go Home.

The tTial OF Harry X. Thaw came TO halt
yesterday, owing TO the death 81 Mrs Catherine
Z Bolton. wife Of Joseph B, Bolton, Juror Il As
a consequence an adjournment Was taken until
Monday morning when, in all probability. It VIII
be resumed Justice Fitzgerald, in allowing
Juror Bolton TO go 70 his home. decided it would
be an unnecessary hardship the other jurors
70 be locked up for so many days and released
them from surveillance until Monday. placing
them or their honor not 10 talk or read about the
trial
The avoidance Of a mstrial. II IS understood
Is due IN a large measure TO the attitude Of the
bereaved juror. He attended the afternoon SEES
sion Of the trial on Wednesday out of high
sense Of civic duty, although knowing his wife
was seriously I'll. It IS understood that he has
indicated also that he would be ready to con-
tinue the jury after the burial OF his wifa'
from the same consciousness of his obligations
10 the state It was said yesterday however.
that If Mrs. Bolton had fingered mlstrial
would undoubtedly have resulted.
The death of the wife OF a juror IN case
involving a capital offence IS said 70 have no
precedent in the courts Of this jurisdiction.
There have been deaths of brothers and other
relatives but never of a wife.
Mrs Bottoms end was particularly pathetic
Her husband. who is probably the oldest Of the
Jurors. had never been separated from her for
married life until he was selected TO serve in
the Thaw trial Mrs. Bolton much worried
ct his absence as their two children, and
a daughter. both being married live away from
home. She called on her husband at the Broad
way Central Hotel often as possible. Last
Monday she contracted a severe cold, which de-
veloped into pneumonia and grew worse so rap
idly that she died yesterday morning at 11:49
O'clock.
The jurors reached the court at the usual time
yesterday morning and TO all appearances the
trial to go OF the usual. Mr.. Del
mas. Of counsel for the defence, called DR.. Brit
ton D. Evans one of the expert alienists, to the
stand, TO continue his direct testimony. and
few questions had been asked him when Captain
Ricketts,. in charge Of the court attendants.
whispered to Justice Fitzgerald. The court sum-
moned Mr.. Jerome and Mr.. Delmas. and after
brief conference announced:
In view of a communication that has been
made 10 the court, It IS proper that Mr.. Bolton,
Juror H. should be given the opportunity TO &c
10 his home. I will adjourn court until o'clock.
Mr.. Bolton who was plainly very anxious
started from his seat and turned pale. He hur
ried away. and with death was made 10
his home at No. 1887 Boston Road. Henry c.
Harvey juror No. 5, and Court officer Cavan-
sugh accompanied him. The race was lost how
ever. Mr.. Bolton arrived at his home five min
utes after his wife had died
THAW EXPRESSES SYMPATHY.
The sudden interruption of the trial was a
shock TO the defendant and 10 his counsel. Thaw
appeared to be much disturbed over the wait,
but when he told, later in the day. that Mrs.
Bolton was dead he expressed sincere sympathy
for the juror. Mrs. Evelyn Thaw, Miss May
Mackenzie and Mrs. J. ]. Game, who at
court, also expressed sympathy for the Bolton
family
Word Of the death Of Mrs Bolton had been
carried TO almost every one before the afternoon
session was called A delay Of a half hour was
caused by a conference Of counsel and the court
relative to the adytsability Of permitting the
Jurors 10 60 to their homes. At half past two
court was convened and the District Attorney
addressed Justice Fitzgerald
May i please your honor. since the adjournment
has greatly dstJrbed Us has in the colITs Of nature
occurred. The wife Of the eleventh jurynan has
passed away. However much burden that may I'm
pose on the court. the jurors and counsel. to say
nothing q ne sorrow which has come into one
1t is plain that this cannot proceed to-day
should require its adjo1rnmen until at Ieast next
Monday. Pending such an adjournment, that the
their family life and their business affairs seems to
be imposing on them a hardship greater than the
state has right TO call from them In the discharge
They were. as your Honor knows. locked up for
counsel for the defence and for the people as en-
trelA proper ana wise; not because either the
learned gentlemen who represent this defendant or
TO their integrity hut past experience has taught
Us some things not known TO laymen and rendered
delay that must occur because Of this sad circun-
stance, II seems 10 me- after conference with your
Ing this recess, should not be further kept from
their daily avocation and from their home life The
wise TO the court until Monday and that the jurors
their home life and their business affairs
Mr.. Hartridge. Of Thaw's counsel. concurred
with the District Attorney. and Justice Fitz-
gerald replied:
ing the Jurors togsther from the time the first
Juror was accepted and sworn in the until the
upon The separate recommendation Of either side
but action taken by The court upon the recon-
reasons pe inv coInsei nan Snf5 20 sy me
iudcment Of the court were good sufficient and
most excellent II was materially necessary alike
Of the people that that course should be pursued.
COURT EXCUSES JURORS.
Il would have been well # It could have been
perseVered in 10 the close, but unfortunately, the
sad occurrence which has been feelingIy alluded
ne confronted The wife Of one Of Your bodv has
unfortunately. been called away. Under these cir
Juror he under surveillance during these mo-
ments Of anguish and pain and grief which must
being Inc case and after consultation with counsel
on both SIDES We arrived ct the conclusion which
you have heard suggested and very glad TO
comply with their request TO allow you to return
70 your business.
I trust you may not be subjected to any annoy
aaces Of any kind character. and I appeal to
your honor not 20 read ANYTHING during the in
about TIE case; not 10 speak 10 any one about the
case, and to allow no 10 speak to you about f.
any kind or character upon you. against which the
court haE TO way 70 guard, Guard yourselves by