The Montgomery advertiser., 1907-04-13
Seven Men Wanted Con viction For Mur-
 der. THE OTHER FIVE JURORS VOTED FOX ACQUITIA Defendant's Counsel Will Make an Early Application For
 Bal. District Attorney Says other Prisoners are Awaiting Trial for Homicide and Their Cases VIII
 Be First Dis-
 posed Of.

New York. April 12.--Hopelessly di- vtded--seven for a verdict of guilty of murder in the first degree and five for acquittal on the ground of insanity the jury, which, since January 23, has been trying Harry K. Thaw, reported today, after forty-seven hours and eight minutes of deliberation, that 1t could not possibly agree. The twelve men were promptly discharged by Jus tice Fitzgerald, who declared that ne. too. believed their task hopeless Thaw was remanded to the Tombs without bail to await second trial on the charge of murder.
 When this new trial will take place, no one connected with the case could tonight express an opinion. District Attorney Jerome declared that there were many other persons accused of homicide awaiting trial and that Thaw would have to take his turn.
 AS to a possible change of venue, both the District Attorney and counsel for Thaw declared they would make no such move. Thaw's attorneys will have 8 conference tomorrow with the prisoner to decide upon their next step. They may make an early application for bail. Mir. Jerome said that he will strenuously oppose it. He added that as seven of the jurors voted for guilty" his opposition probably would be successful. In that event, Thaw has another long term before him In the city prison for his case, on the al- ready crowded criminal calendar, can- not possibly be reached until fall.
 Scene Attending Announcement.
 The scenes attending the announce ment by the jury Of It's inability to agree were robbed of theatricalfsm by the general belief that after their long deiiberation and the reports of wide division of sentiment. the jurors could make no other report
 Thaw, surrounded by the members of his family, received the news Iii ab- solute silence.
 When it became known that the jury was about to report. Thaw called his wife to seat by his side and sat with his right arm thrown about her until he was commanded to stand and face the jury. Smiling and confident as he entered the court room, he sank Imply into his chair when Foreman Denim 6 B. Smith in response to question by Clerk Henny as to whether verdict had been agreed upon, said:
 We have not"
 The mother, her features hidden be- hind a dense veil of black. sat stolid and motionless. In i'll health of late. she felt severely the strain Of the long hours of anxious waiting. The wife sripped her husbands hand tight ly as the jury foreman spoke. and then when he sank down by her side. she tried to cheer him as best she could by saying that she believed he would now be admitted to bail and that sec ond fury would surely set him free.
 The mother, sisters and brothers, pale and well nigh exhausted by theT tedious, nerve-racking wait TOT a yer dict. smiled weakly at Thaw as ne was led away again to the Tombs. They were permitted to speak with him TOT a few moments to bid him be of good cheer before he crossed the Bridge or sighs." to the cell which until few minutes before he had hoped he was about to quit forever.
 Outside the big criminal courts build- Ing only a few hundred persons were gathered. Thousands had been there earlier in the day but the police had instructions to keep every one moving and this soon tired the idly curious. In side the building-in the gallery and overlooking the court, and gathered along the corridors-vere groups of more fortunate persons who had been able to make their way past the guards The court room itself was half empty.
 Few Heard Verdict.
 Only the newecaper men. the court attaches and few favored friends @were allowed to hear the verdict. Jus IlCe ElNLkSTdlQ AGdACO uOhiOhotAa of some sort should the general public be admitted.
 It was 4:25 o'clock when the jury filed in. The afternoon was dark and rainy and the electric bulbs had been glowing for an hour or more. Harry Thaw had been waiting for summons to face the jurors since morning. He felt that today would bring a crisis and that either a verdict would be reached or Justice Fitzgerald would discharge the jury.
 The only remarkable feature of the case was the dogged manner in which the jurors declined to ask to be ex- cused.
 Justice Fitzgerald had determined in let them fight it out among themselves until they should call for assistance This appeal came at 4:15 o'clock and then followed a hunt for counsel. both District Attorney Jerome and the at- torneys for the defendant having tenn porarily left the building. When they arrived. Justice Fitzgerald notified them of the jury's conviction that a disagree ment seemed inevitable. Every one connected with the case semed willing to accept the situation as offering nr hope, and then followed the brief court room proceedings at which the dis agreement was publicly announced The jury was dismissed the the prisoner remanded Entering the court room at 4:25 the jury were free eight minutes later.
 Thaw, when he had returned to the Tombs, gave out the following state ment:
 "I believe that every man In the jury possessing average intelligence, cI- cepting possibly MT. Bolton. cpT7pI C. hended the weight of evidence and bal anced it for acQuittal. All my family bid me goodbye with courage. trust we may all keep we'll.
 To his attorney. Thaw said he was deeply disappointed.
 But could hardly expect anything else in view of the eevnts of the past few days" he added.
 Early in the day Thaw had given out a mother statement in which he said he had desired that his fate should be