Los Angeles herald., 1907-04-13
WHITES CRIME
IS OVERLOOKED
WR0NGED W0MANHo0D NOT
CONSIDERED
Jury Ponders over Nothing but
Thaw's Act and Whether or Not
He Was Insane at the
Time
CContlnued from Page oneD

thAoNH dIOuHu neT uIIll ne WAS OIueTeO
to stand and "a the jurors. Smiling
and confident as he entered the cour
room he sank into his chair when Fore.
man Deming B. Smith, in response to q
question by Clerk Penny as to whether
a verdict had been agreed on, said:
I'VE 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 had felt severely the strain and
stress Of long hours of anxious waiting.
The wife gripped her husbands hand
tightly 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
second jury would surely set him
free. The mother, the sisters and the
brothers, pale and well nigh exhausted
by their tedious, nerve-racking wait for
a verdict, were permitted to speak with
Thaw for a few moments, to bid him
be of good cheer before he crossed the
bridge of sighs" to the cell which,
until a few minutes before, he had
hoped that he was about to quit for
ever.
Police Disperse Crowd
Outside the big square criminal courts
building only a few hundred persons
were gathered. Thousands had been
there earlier in the day, but the police
reinforcements had arrived with in
structions to keep every one moving
and this had soon tired the idle and
curious into willingness to depart.
The court room itself was half empty.
Only the newspaper men, the court at
taches and a few favored friends were
allowed to enter to hear the verdict
Justice Fitzgerald feared demonstra-
ton of some sort should the general
public be admitted, and he gave strict
orders against this.
1t was 4:25 o'clock when the jury filed
into the court room.
Harry Thaw had been waiting for
summons to face the jurors ever since
shortly before 10 o'clock this morning.
He felt that today would bring a
crisis and that then a verdict would
be reached or Justice Fitzgerald would
discharge the jurors from further con-
sideration of the case. This was the
general belief and the only feature of
the case was the dogged manner in
which the jurors continued at their
task and declined to ask to be excused.
Justice Fitzgerald had determined to
let them fight it out among themselves
until they made call for assistance.
This plea came at AIS, and then fol-
lowed hunt for counsel, both District
Attorney Jerome and the attorneys for
the defense having temporarily left the
building. When they arrived Justice
Fitzgerald notified them of the jury's
communication that a disagreement
seemed inevitable. Every one connect
ed with the case seemed to accept the
situation as offering no hope, and then
followed the brief court room proceed
ings, at which the disagreement was
publicly announced; the jury dismissed
and the prisoner remanded. Entering,
the court room at 4:25 p. m, the Jury
was free eight minutes later.
Thaw Makes Statement
Thaw when he had returned to the
Tombs gave out the following state
ment:
Il believe that every man in the Jury
possessing average intelligence, except
ing possibly Mr. Bolton, comprehended
the weight of evidence and balanced 1t
for acquittal. All my family bid me
goodby with courage. 1 trust Cd. W
we may all keep we'll"
To his attorneys he said he was deep
ly disappointed. "But I could hardly
expect anything else in view of the
events of the last few days." he added.
Early in the day Thaw had given out
another statement in which he said he
desired that his fate should be judged
on the written laws of the state of
New York" He declared that he be-
lieved the evidence adduced had con-
vinced even District Attorney Jerome
of his innocence under the strict letter
of the law.
Attorney Dolphin Delmas, who con-
Quoted Thaws case in court and who
in making his summing up address to
the jury appealed to the "unwritten
law" or "dementia Americana" as he
termed it, was not in court today when
the jury made it's report and was dis
charged.
Clifford w. Hartridge, the attorney of
record and warm personal friend of
Thaw, gave the following statement to
the Associated Press:
Prefers written Law"
"Mr. Thaw has already expressed
himself desirous of a trial under and
in accordance with the laws of the
state of New York. I can add nothing
to that except that / entirely agree
with him and hope that he shall have
a new trial speedily and that the next
time 1t will not be necessary for the
presiding judge to have to charge the
jury that we are living in a civilized
community"
Attorneys Daniel O'Reilly, Clifford w.
Hartridge, A. Russell Peabody and
John w, Gleason acted for Thaw to-
day. 1t was said that Mr.. OReilly
would have leading part in the future
conduct of affairs.
The story of the proceedings in the
jury room as they were learned tonight
far outranked in interest the brief
court proceedings which brought the
famous trial to a close. 1t developed
that the jury had considered every
thing connected with the case except
the "unwritten law" passing their
judgment entirely on the evidence. They
voted either for or against murder in
the FIRST degree when they cast their
first ballot. The first vote was to 4
in favor OF conviction.
Try to Compromise
Then the jury tried to reach a COM
mon ground on a verdict of man
slaughter i'm the first degree, the pun
ishment for which ranges to a maxi
mum of twenty years Imprisonment.
The men in favor of acquittal-largely
on the ground of insanity, 1t is report
ed, would not change their ballot, and
in fha and xVnn over IN their side ODa