The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-04-16
THAW SENT BACK
TO PRISON CELL
Late Friday Afternoon the Jury Reported Its Inabil-
ity to Agree Upon a Verdict.

| them Of the jury+s communication
thai . Disagreement seemed ineFl'd-
able. Eycry one connected with Ii
cas- srca,od Willig@ 10 accept tie 81
u4t.o1 ~ Offering no hope and then
fGtsywc4 the bricf curt room procec5-
in1s ut which the disagreement vas
publicly atfI,n""J. the curry ~di5'nissc1
ana tae prisoner r~e'randcd.
Tnaw Gives Ont q Statement.
Ihaw, rhcn nc returned 20 t1c
/ TOnlbS. prepared and gave out ifh@
following statement:
Il believe that every man on the
ju:y. possessing average intelligence.
excepting possibly Mr.. Bolton. com
Drchcna tho weight Of evidence ard
h~alauccd It for aequitta!. All M
age ! trust Cd. W We may al
keep we'll
70 his attorneys Thaw said he was
deeply Disappointed But ! could
hardly expect anything else in view
Of the events Il the past few days.
he declared. Earlier in the day IhaW
had given odt another statement in
which he had said he had decided his
fate should he fIdgcd upon the writ
ten laws of the State Of New York.
He declared that tho evidence had
convinced eFCn District Attorney Jc-
rome Of his innocence unQcr the strict
lettey Of thu las.
Attorney Dolphin Nj. Dclfnas. Who
conducted Flaws ease in court, AMI
who in making his summing up ad-
dress 10 tn" Jnr% appcaied almost d.
rcctIy to the "unwr!ttcn law" or
elemental .AUrc1icana" a. he termed
it, was noe IN on today hen The
jury made its rcoort aad VAS dis
charged.
-. -; t. fo.C 49,. 'ia~tr.-gr. tl-
attorney Of record and warm PERSONAL
friend Of IlaN. gave the following
statement to the Associated Press:
"Nr. ThaW has already expressed
himself dcslrGuS Of a trial under and
in accordance" with the Jaws CT the
State of New York. ] can q 10Th
ing to that except to say that | en-
tircly agree with him and hope that
we shall have u new trial speedily
and thar the lcNt time it Will not be.
necessary Tor tnc presiding JGG%c to
have to charge the jury that we are
living in Il civilized community
Mrs. Evelyn Nesbit Thaw said: II
cam understand it. / don't see why
they couldn't have come to some
agreement.
A reporter said to Mrs. Thaw: 1.-THE
jury stood seven to five for convIc-
ton
up.l | DclltNe IL. Stlc tiIcu pas
sionately. They ought to have ac-
quilted him on the evidence
Mrs. William Thaw. mother Of the
prisoner. declined to say anything foT
publication at this time.
Proceedings in Jury Room.
The story of the proceedings in thu
jury room as they We're learned &C.
night far outranked in interest the
brief our proceedings which brought
Il aA>- -, 80 No. -
veloped that the jury had consider
ed everything connected with the
case except the unwritten law" Bas-
ing their judgment. entirely unon the
evidence they voted either for -
against murder in the first degree
when they cast their first ballots.
The first vote was 8 to t in favor OF
conviction. Then the jury tried 10
J. reach "A common ground upon Il YER
diet Of m~anslaugh,er II the first de-
gree, the punishment for which
ranges 70 Il maximum of twenty
years .mprisonment. The men in IL
vOr OF alquittal on the ground Of in
sanity, would not change their ba!-
lots and in the end won over one WAC
favored conviction. During the neariy
nearly As hours Of elaboration onI>
eight ballots We're cast. The final bar
lot taken Just before the jury reached
its disagreement in court was as FOL
! towns:
For conviction of murder in to-
fist degree: Messrs. Deming Z
Charles II. Fecke: No 3: Harry 9
Brearly, No. s: Charles d. Newton
No. s; Joseph =. Bolton, No. II. ans
Bernard Gorstrnan. No. -.
For acquittal on the ground OF III.
sanity: Messrs. Oscar y. Pink. no. t
Frazier. No. z, Willis f. steele. No. 9
and John :. Dpnnee. Ne.
Sessions We're Stormy.
The sessions of the jury were no
altogether pleasant and peaceful
: There were many stormy argument
and at one time charges OF inconSiSt
ency and breaking faith with the or
derS of the court were made but at n,
: point OF the deliberations did the fore
man lose control of the situation. II
successfully held the twelve men il
check and was the first to Sugges
when it was seen that there was n
possibility of a verdict being reaclne
that they reported the matter to Jus
tee Fitzgerald and cave the furthe
disposition of the case 10 his JudS
ment.
Wilbur f. steele. juror No. 3, said
: w considered insanity in man
: phazes but did not give the subject Q
7 VrOnged wOmanhoOd any lengthy &c
= bate; in fact scarcely any. The ques
Il ~ IN "o-2 ~ 90 SSot
length was whether Th,lw was insan
at the moment he shot stanford Whit
and whether at that he wa
responsible for his actions
: Juror Joseph Bolton said:
J. There was no question Of the un
written law or of 'Dementia Amcri
cana in our deliberations. We con
II sidered the case from Il purely legt
It standpoint. We were not sWayed y
emotion"
The july when considering the cas-
v took no stock in brain storm sal
l. Juror George II. FcckC. W. did ne
e pay any undue amount Of attentio
to the testimony of alienists either.
is Mr.. Feckc added II WAS after ~
re Dennee had read somc Of ThaW's le1
I'll ter that they later decided that thet
= was Il reasonable doubt us to ThaM
sanity. Dennee then joined the for
" men Who stood for ~acquittal on III
as u Of insanity
20 New York. April 13.-Setting
e. rest all rumors as to their presel
rs Intentions. J.. Russell Peabody, asst
~ ciated with Dolphin NJ. Delmas, Chi