The Birmingham age-herald., 1907-04-13

winning over Juror Dennee, up to that tin1e had voted for con,h h. The rest of the jurors with the exception of Pfaff, who had voted for murder in the first degree, decided that Thaw was only guilty of manslaughter in the first de- gree. The sixth ballot was taken at 9:25 o'clock Thursday night and remained unchanged. After that there was no bal lot until 1920 o'clock this afternoon. when all of the jurors showed that they were still of the same mind as before.
 The Last Ballot. The eighth and last ballot was taken at 3:45 o'clock this afternoon and showed a remarkable change. The five men. who had voted for an absolute aco,littaI. changed their ballots to that of not guilty on the ground of insanity, in the hope of winning over their colleagues but tho remainder of the jury with the ex- ception of Pfaff, had voted for man. slaughter, made up their minds that Thaw was guilty of murder in the first degree and voted accordingly
 This practically ended the delibera- hons of the jury and the jurors. arriving at the conclusion that they could never agree, asked to be discharged
 'The sessions of the jury were not altogether pleasant and peaceful. There were many stormy arguments and at one time charges of inconsistency and break ing faith with the orders of the court were made. but at no point of the delib- erations did the foreman lose control of the situation.''
 Much Disagreement.
 Wilbur r. Steele, juror No. 9, said:
 There was plenty of disparagement between the opinions expressed by the jurors We considered insanity in many phases. but did not give the subject of wronged womanhood any lengthy debate: In fact, scarcely any. It was touched upon and quickly dropped The question which was discussed at unusual length was whether Thaw was insane at the moment he shot Stanford White and whether at that moment he was responsible for his actions"
 There was no question of the unwrit- ten law or of dementia Americana in our deliberations. We considered the case from a purely legal standpoint We were not swayed by emotion"
 ''The jury took no stock in brain storms,'" said Juror George II. Fecke. We did not pay an undue amount of at- tention to the testimony of the alienists. either. It was after MT. Dennee had read some of Thaw's letters that the latter de- cided that there was a reasonable doubt as to Thaw's sanity. Dennee then joined the men who stood for acquttal on the grounds of insanity
 O'ReilIy Is Disappointed
 Mr. O'Reily of Thaw's. counsel tonight said: ..- f4
 'I confess that I am disappointed I really expected an aGquittal. Perhaps now, in view of the disagreement, MT. .Delmas made mistake in using the term .dementia Americana but he made an honest effort and 1t might have been d mistake of judgment" .. O.
 Attorney Gleason said:.. q.
 ''The disagreement of the jury was dis appointing, of course... The insistence upon the 'unwrtten law, characterized as .dementia Americana was unfortun- ate. If instead of this counsel had dwelt on statutory insanity of Thaw, which was plainly proven, Thaw might have been acquitted"
 Mrs. William Thaw. mnther of the pris- oner, sent out the following message fir response to requests made for state ment tonight:
 Mrs. Thaw has nothing to say. She has made no statement since she has been in New York, neither will she make any"
 Mrs. Evelyn Nesbit Thaw said:
 .T can't understand it. I don't see why they could not have come to some agree ment."
 A reporter said to Mrs. Thaw:
 ''The jury stood seven to five for con- viction.''
 T don't believe it," she cried emphati-