The Birmingham age-herald., 1907-04-12
Jurors Heard Partial Evidence of Df, Hamilton, Evelyn Nesbit
 andthe JudgesChaTge
WEARY JURORS ARE AGAIN
 LOCKED UP TILL TODAY
Foreman Smith Denied Reading of Delmas' Address-Fitzgerald Gives Warning of Outside Facts.
 Is Still Hopeful.

New York, April 11.--Thirty-one II hours of deliberation and no verdict. Such was the condition of affairs at 11;40 o'clock tonight when the Thaw jury was ordered locked up for second night at the crim- inal courts building. The fact that they had not been able to agree after devot- ing so much time to a study and discus sion of the case gives rise to the be- lief 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 thus far failed to reach a common opinion and to all appearances are hopelessly at sea, Justice Fitzgerald has not given up hope of having d verdict rendered. As yet Daming B. Smith, foreman of the jury, has not yet complained to the court that the jurors are unable to reach a decision, and until he does 1t is not likely that Justice Fitzgerald will discharge them. The general impression prevails that If the twelve men are unable to agree at the expiration of forty-eight hours they will be released from further service. The very fact, however, that no intimation has been received from the jury room that the men are unable to agree has been construed by many who have fol- lowed the proceedings closely as an in- 1ication taht a verdict will eventually be reached.
 Tho mother, wife and two sisters and brothers of the defendant were in the criminal courts building up to the last minute. and it was finally announced that the jury had been locked up over night and there was no longer any prospects for a verdict before tomorrow they re turned to tlieir hotel crest fallen They had hoped and looked for a decision to- day. and the news that they would have to pass another night in doubt and anx- iety was received with keen disappoint- ment
 Twice during the day the twelve men. who took their places in the jury box more than two months and d half ago, filed into the court room and asked the assistance of the court in an endeavor to bring about an agreement.
 They appeared wan and haggard after wrangling through all of last night in the stuffy little room at the criminal courts building, with only hard chairs and one long table provided for their comfort. The jurors wanted to hear again the evl- dence of numerous eye witnesses to the tragedy They wanted to hear what Dr. Allan McLane Hamilton had been allowed to testify as to Thaw's condition the night of the tragedy and what Evelyn Nesbit rhaw had said to her husbands con duct that evening; they wanted to hear repeated again the converse tions Thaw had with Justice Clinch Smith just before he committed the homicide: they wanted to hear several portions of Justice titz- gerald's charge, once more and finally .t..t, of all the writings of Thaw, which had been introduced into the trial as indi- cative of the defendants state of mind when he heard the story of Evelyn Nes- bits alleged wrongs at the hands of the man who was to be come his victim.
 All of these requests were gladly grant, ed by the court. but when Foreman Smith on behalf of the jury asked that certain portions of the summing up address by Dolphin M. Delmas. Justice Fitzgerald called q halt He admonshed the jurors that they were to be guided only by the evidence. and were not entitled to hear again the closing speeches of the law yers.
 Harry Thaws family-his white-haired mother his pale young wife, his sisters and brothers-remained at the court house until late in the night. They visited the defendant on several occasions in the prisoners pen on the floor above the court room. Their purpose was to cheer him. but he appeared by far the most cheerful of the group. The mans confi- dent air seems never to leave him for any great length of time, and buoyancy oe spirit is nearly always apparent.
 here were all sorts of rumors and ssses in the air today to how fl jury stood. There were more differ reports as to the results of the bal Id Is than there could possibly have been ttst votes taken. None of the reports had any degree of authenticity. Some were uttered in jest and occasionally these were taken in dead earnest by persons who overheard them.
 The action of the jury in twice going before Justice Fitzgerald and to have certain portions of the testimony read to them was commented upon widely. and naturally caused much speculation. It seemed evident that the jury's delibera- tions were hingeing upon the question of the sanity or insanity of the defendant as shown by the defense. Justice Fitzger- ald spent the entire evening in his cham bers awaiting the plea sure of the jurors.
 After deliberating for more than eighteen hours without being able to reach an agreement. the jury in whose hands the fate of Harry Thaw was given at 5:17 o'clock yesterday afternoon report ell before Justice Fitzgerald at Il a. m. today and asked permission to examine a large number of the exhibits introduced during the trial and also asked to have read to them the testimony of several of the eye witnesses to the tragedy.
 Among the exhibits called for were the letters which Harry Thaw wrote to At torney Longfellow shortly after. as al- leped Evelyn Nesbit told him in Paris the story of her relations with Stanford White, and the will and codicil which Inaw executed the night of his mar riaee in Pittsburg on AprR I. 1905. The letters and will were introduced by the defense to show the mental storm which if is claimed was brought upon the de- fendant by the story the girl related. Madison Square Diagram.
 } The jury also asked for the diagram of Madison Roof Garden, as it was the (lnicht Thaw killed White. This diagram Awas held mp before them as the court teuoSrapher read from the official rec