The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1907-04-13

b. Bolton, No. IL, and Bernard
Gerstman, No. II.
For acQuittal on the ground of in
sanity-Oscar \. Pink, No. 4; Henry
c. Harney, No 8, Malcolm S. Fraser.
No. Z; Wilbur F. Steele, No. 81 John
S. Denee, No. TO-.
Juror Harney's Story.
Juror Harney said: about ten
minutes after we reached the Jury
room we took the first ballot, and il
resulted in vote of eight for con-
viction of murder in the first degree
and four for absolute acquittal The
men who voted for conviction were:
Smita, foreman; Pfaff, Fecke,
Brearley, Denee, Bolton, Newton and
Gerstman The men who voted to
set Thaw free were Pink, Harney,
Fraser and Steele. Thirty minutes
elapsed before the second ballot was
taken, 3nd then the vote remained
unchanged.
"A third ballot was taken at 9:45
p. IN. ON Wednesday, and still there
was no change In the opinions of the
jurors Thereafter there was consld-
erable discussion among the men. but
most of the night hours were spent
in sleep, and no ballot was taken un-
til 4:30 o'clock the following (Thurs-
day. afternoon. This was several
hours sitter the jury had appealed to
the court for re-reading of the tes-
timony given by eye-witnesses of the
tragedy. The fourth ballot marked
one change in the vote -Four Of the
Jurors still held out for an acqnittal,
but of the rest, Bernard Gerstman,
the twelfth juror changed his vote
from murder in the first degree to
manslaughter in the first degree
Jurors Change Views.
About two hours later, a fifth bal
lot was taken, and this showed de-
cided change on the part OF the jul
also proved that the efforts of the
four jurors who voted for acquittal
had not been altogether in vain, for
they succeeded in winning over 10
their side Juror Denee, who. up 10
that time had voted for conviction
The rest Of the jurors, with the eX-
ception of George Pfaff. who had
voted for murder in the first degree.
decided that Thaw was only guilty of
manslaughter in the first degree
The sixth ballot was taken at 9:25
o'clock Thursday night and re-
mained unchanged. After that there
was not ballot until 12:2O O'Clock
this afternoon. when all of the jurors
showed that they were of the same
mind as before excepting Brearey,
who, in addition to voting for man
slaughter in the first degree. added
that the defendant should be recon-
monded to the mercy of the court.
The eighth and last ballot was
taken aL 3:45 O'clock this afternoon.
and showed a most radical change i'll
he entire jury The five men who
had voted for an absolute acQuittal
changed their ballots to that OF not
guilty on the ground of insanity. in
the hope of winning over their col
leagues, but the remainder OF the
jury, all of whom, with the exception
of George Pfaff, had voted for YER
dict of manslaughter, made mp their
minds that he 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.
Jury Had stormy Time.
THE sessions OF the jury were not
altogether pleasant and peaceful.
There we're many stormy arguments,
and at Cne time charges of inconsist-
ency and breaking faith with the Or
ders of the court were made, but at
no point of the deliberations did the
foreman lose control of the situation
He successfully held the twelve men
in check and was the first to SUE
gest. when 1t was evident that there
was no possibility of q verdict being
reached, to report the matter to JUS
tice Fitzgerald and leave the further
disposition of the case 10 his judf-
ment."
Wilbur F. Steele, juror No. 3. said:
There was plenty of disagreement
between the opinionsexpressed by the
jurors. We considered insanity In