The daily morning journal and courier., 1907-04-13

be reached or Justice Fitzgerald would discharge the jurors from any further consideration of the case. This was tha general belief, and the only remark able feature of the case was the dog ged manner in which the jurors con- tinued at their task and declined to ask to be excused. Justice Fitzgerald had determined to let them fight 1t out among themselves until they should call for assistance, This appeal came at 4:15 o'clock and then followed hunt for counsel, both District Attorney Je- rome and the attorneys for the defend- ant having temporarily left the build- ing. When they arrived Justice Fitz- gerald notified them of the jury's conn inevitable. Every one connected with the case seemed willing to accept the situation as offering no hope and then followed the brief court proceedings at which the disagreement was publicly announced, the jury dismissed and the prisoner remanded. Entering the court room at 4:25 D. m, the jury was free eight minutes later.
 Thaw when he had returned to the Tombs prepared and gave out the fol- lowing statement;
 q believe that every man in the jury possessing average intelligence, except ing possibly Mir. Bolton, comprehends the weight of evidence and balanced it for acquittal. All my family bid me good bye with courage. I trust CD. VI we may all keep we'll"
 To his attorneys Thaw said he was deeply disappointed.
 But I could hardly expect anything else in view of the events of the past few days" he added.
 Earlier in the day Thaw had given out another statement in which he said he had desired that his fate should be judged upon the written law" of the state of New York. He declared that he believed that the evidence adduced had convinced even District Attorney Jerome of his innocence under the strict letter of the law.
 Attorney Dolphin M. Delmas of Cali fornia, who conducted Thaw's case in court, and who in making his summing up address to the jury appealed almost directly to the ''unwritten law" or De mentia Americana" as he termed it., was not in court to-day when the jury was discharged.
 Tonight Clifford W. Hartridge, the attorney of record and warm personal friend of Thaw, gave. the following statement to the Associated Press:
 MT. Thaw has already expressed himself desirous of a trial under and in accordance vito the laws of the state of New York. can add nothing to that, except to say that I entirely agree with him and hope that we shall have 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 civil ized community"
 Attorneys Daniel OReilly, Clifford w. Hartridge, A. Russell Peabody and John B. Gleason acted for Thaw to- day. It was said that MT. O'Reilly would have leading part in the future conduct of affairs
 The story of the proceedings in the jury room as they were learned to- night far outranked in interest the brief court proceedings which brought the famous trial to a close. It devel- oped that the jury had considered everything connected with the case ex- cept "the unwritten law" Easing their Judgment entirely upon the evidence, they voted either for or against murder in the first degree when they cast their first ballots. The first vote was eight to four in favor of conviction. Then the jury tried to reach a common ground upon verdict of manslaughter in the first degree, the punishment for which ranges to a maximum of twenty years Imprisonment. The men in fa- vor of acquittal-largely on the ground of insanity, it is said-would not change their ballots, and in the end won over to their side one of the eight who fa- vored conviction. During the nearly forty eight hours of deliberation only eight ballots were cast. The jury spent the two night sessions dosing in their chairs.
 The entire story of what transpired in the jury room from the time the twelve men retired at 5:17 o'clock on Wednesday afternoon until they finally decided this afternoon that the pros- poets of verdict were too remote to warrant longer discussion of the facts was told by one of the jurors, Henry c. Harney No. 5, manufacturer of pianos. The final ballot-taken just before the jury reported it's disagree ment in court-was as follows
 For conviction of murder in the first degree-Messrs. Deuning B. Smith, fore man; George Pfaff, No. 2; Charles H. Feclle, No. 3; Harry c. Brearley, No. 6; Charles D. Newton, No. s; Joseph B. Bolton, No. Il, and Bernard Gerstman, No. 12