The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-13
deliberations fin Thaw Case
Opened With Two Prayers.
Details of the Long Effort to
Reach o Verdict.
TRIAL COST 100000.
Of This Amount 100000 Falls
on the Thaws.
Other Attorneys Say Delmas
Made a Mistake.
TRIAL COST 100000.

New York, April 13.-Although bit
terly disappointed over the mistrial.
especially since he had been up to the
very last minute confident that he
would be acquitted, Harry K. Thaw is
bearing up bravely. Indeed, his COM
posure is on a par with the remark
able good spirits he showed during
much of his protracted trial and the
wearisome hours before the jury gave
up its task. So sanguine was he of
freedom that shortly before the jury
came for the last time into the court
room. he wrapped up a large number
of letters and papers, which he meant
TO take with him from his CELL When
he was told by Messrs. Peabody and
O'Reilly that the jury could not agree,
he dropped his bundle of papers to the
floor, speechlessly disheartened. But
he presently recovered his courage.
The news of the discharge of the
jury reached the Hotel Lorraine some
time before the arrival of the auto
mobile containing Mrs. William Thaw,
her daughters. the Countess of Var
mouth and Mrs. G.. L. Carnegie, and
Josiah and Edward Thaw. The pris-
oner's mother bore herself with the
for-itude that she has exhibited all
along and when asked if she had any
thing she wished to say, she looked
her questioner straight in the face and
kept silent. The Countess of Var
mouth was also calm but she was
paler than her mother. On the other
hard. Mrs. Evelyn Nesbit Thaw. who
reached the hotel shortly after this,
was excited and flushed.
Members of the Thaw family sent
kilograms to various cities. even
abroad. The Countess of Yarmouth
cabled to her husband in England the
words: Great disappointment
Opened With Prayer.
A number of interesting incidents
are being related about the jury's do
ing during its long hours in its room.
After the case had been given to the
twelve men, Juror Pfan suggested that
the deliberations be opened with a
prayer. Juror Gerstman objected on
the ground that he was of the Jewish
faith, but he was persuaded to con-
sent His consent was coupled with a
proviso that he should be permitted to
offer a prayer of his own. There was
no objection to this and thus two pray
ers were said.
Conflicting accounts are being given
Of the effect of the nervous strain. the
and the stubborn at
titude of one part of the jury toward
the other. Several of the men say that
the last "a hours of their confinement
was Allied with such angry disputing
that at least twice one of the men who
held out for acquittal almost came to
blows with another juror who was de-
termined upon conviction. But Juror
Brealey, who furnished the papers
with a detailed account of his and his
fellow jurors acts, denies this and in
sfStS that the nervous strain they were
all undergoing and their conscientious |
ness resulted in some lively arguments |
which were magnffied into quarrels. /
Rumors are rife despite statements |
tending to minimize them, that
owing to disagreements of all Thaw's |
present counsel. only Daniel O'Reilly |
will be retained for the next trial. |
When Mrs. William Thaw was asked /
as to Mr.. O'ReiIIy's retention, however, /
she declined to speak of it. Then again /
It is reported that the Thaw family
may go back to their original counsel, |
the firm of Black. Olcott, Gruber &
Bonynge.
Estimates are being made of the
.otal cost of the trial. This is placed
1t about 100000. of which about
$780, 900 falls upon the Thaws-
End Was Tame.
The scenes attending the announce
nent by the jury of its inability to
gree were robbed of any theatrical
SIN by the general belief that after
heir long elaboration and the re-
,ort of a wide division of sentiment,
he jurors could make no other re-
,ort than one of disagreement
Thaw, surrounded by the members
# his family. received the news in alb
olute silence When 1t became known
hat the jury was about to make it's
eport Thaw called his wife to seat
" his side and sat with his right arm
brown about her until he was COM
handed to stand and face the jurors
Smiling and confident as he entered
ne courtroom, he sank Imply into
lis chair when Foreman Deming B.
ninth, in response to question by
Jerk Penny as to whether a verdict
lad been agreed upon, said:
I'VE have not"
The mother, her features hidden be-
ind a dense veil of black sat stolid
nd motionless. In i'll health of late,
he had felt severely the strain and
tress of the long hours of anxious J
rafting The wife gripped her hus-
and's hand tightly as the jury fore
nan spoke. and then when he sank
own by her side she tried to cheer !
i'm as best she could by saying that
he believed he would now be admit
ed to bail, and that a second jury {
could surely set him free
The mother, the sisters and the =
rothers. pale and we'll nigh exhausted
y their tedious, nerve-racking wait
or verdict, were permitted to {
peak with Thaw for a rev moments !
D bid him be of good cheer. before he I
rossed the Bridge of Sighs'' to the