The Montgomery advertiser., 1907-04-12
Little Prospect ot the
 Verdict.
FALSE ALARMS DURING DAY
 REVIVED THE INTEREST
Court Room Was Beseiged Until
 Late at Night.
Defendant Appears CoaAdent of Ac- Quittal and Comes Before Bar With His Clothes UnAer His
 Arm-Many Requests for
 Instructions.

AmotIUcthOUDs
 New York, April 11.-Thirty- on, hours of deliberation and no verdict Such was the condition of affairs al 11:40 o'clock tonight, when the Thaw jury was ordered locked up for a sec ond night at the Criminal Court. building. The fact that they had no been able to agree after devoting SC much time to a study and discussion of the case gives rise to the beliei that the trial will end in a disagree, ment and the whole affair will have to be gone over again.
 Although the twelve men have thu. far failed to reach a common opinior and to all appearances are hopelessl, at sea, Justice Fitzgerald has not giv. en up hope of having verdict rend. cred. As yet Deming B. Smith. fore. man of the jury, has not complained to the court that the jurors are un. able to reach a decision and until ht does 1t is not likely that Justice Fizt. gerald will discharge them.
 The general impression prevails thai if the twelve men are unable to agree at the expiration of forty-eight houri they will be released from further ser. vice. The very fact, however, that nc : fntfmation has been received from the jury room that the men are unable te agree has been construed by many who have followed the proceedings closely as an indication that a verdict will eventually be reached.~
 Remained with Prisoner,
 The mother. wife and two sisters and brothers of the defendant were ir the Criminal Courts building up to the last minute, and it was finally an- nounced that the jury had been locked up over night and there was moi longer any prospects of verdict be- fore tomorrow. they returned to their hotel crestfallen. They had hoped and looked for decision today and thu news that they would have to pass an, other night in doubt and anxiety wal received with keen disappointment.
 Twice during the day twelve men who took their places in the jury bos more than two months and half ago filed into the court room and asked the assistance of the court in an en- deavor to bring about an agreement.
 They appeared wan and haggard af- ter wrangiing through all of last night in tho stuffy little conference room al the Criminal Courts building, with only hard chairs and one long table pro- vided for their comfort. The jurors wanted to hear again the evidence oi numerous eye witnesses to the tragedy They wanted to hear what pr. Allan McLane Hamilton had been allowed s,te testify as to Thaw's condition the night of the tragedy, and what Evelyn Nes- bit Thaw had said as to. her husbands conduct that evening; they wanted to hear repeated again the conversations Thaw had with James Cltnch smith just before he committed the homf- eide; they wanted to hear several DOT tions of Justice Fitzgerald's charge once more and, finally they asked per mission to take possession of all the writings of Thaw, which had been in- troduced into the trial as indicative of the defendants state of mind when he heard the story of Evelyn Nesbits alleged wrongs at the hands of the man who was to become his victim.
 All Requests Granted.
 . All of these requests were gladly granted by the court. but when Fore man Smith, on behalf of the jury. asked that certain portions of the summing up address by Dolphin M. Delmas be read, Justice Fitzgerald called a halt. He admonished the Jurors that they were to be guided on- ly by the evidence and were not entt- fled to hear again the closing speech es of the lawyers.
 Harry Thaw's family-his white haired mother. his pale young wife. his sisters ana DTOluCTo aI the court house until late in the night. They visited the defendant on several occasions on the prisoners pen on the floor above the court room. Their uurpose was to cheer him, but he ap- peared by far the most cheerful Of the group. The mans confident air seoms never to leave him for any great length of time and buoyancy of spirit is nearly always apparent.
 @rNa oR anNR oF aG guesses in the air today as to how inc fury stood. There were more f. ferent reports as to the results of the ballots than there could possibly have been test votes taken. None of the reports had any degree of authentici- ty. Some were uttered in est by promi- nent figures connected with the trial and occasionally these were taken in dead earnest by persons who over- heard them.
 The action of the jury in twice going before Justice Fitzgerald and to have certain portions of the testi- mony read to them was commented upon widely and naturally caused much speculation. It seemed evil dent that the jury's deliberations were hinging upon the question of the sanity or insanity of the defendant as shown By the defense. Justice Fitz-
  chambers awaiting the pleasure of the jurors.
 After what is believed to have been a fruitless night of discussion and bal lotting, the jury in the trial of Harry K. Thaw was liberated from it's con ference room at o'clock this morning and taken out to breakfast The night had been a hard one for many of the jurors and the strain of the 1ong trial and the longer hours of deliberation upon a verdict plainly showed on their pale faces and reddened eyes.
 A jury locked up to consider a case is given no comforts. The chairs in the jury room adjoining part one of the trial term of the Supreme Court In which Thaw had his hearing are hard. straight backed affairs in which even a few moments of sleep for a tired juryman would be well nigh impos- sible. The one long table in the centre of the room has some times done duty as a bed for the man among the twelve so fortunate as to draw it in a lottery to decide its disposition.
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