The Washington herald., 1907-04-13
FOR ACoUITTAL
Oscar 4. Pink, VI. T.. Fraser.
Henry c. HaFney, John \ Dennee.
Wilbur +. steele.

New York. April l2.-The long-drawn-
out trial Of Harry X. Thaw for the muir
der of Stanford White, which has alb
sorbed the attention OF two continents
for the past eleven weeks. ended late
this afternoon.
Tire jury after celebrating for nearly
two whole days, confessed their inability
TO agree. and the judge. finding there was
no possibility Of an agreement, dis
charged the jury.
The final ballot stood seven for con-
yiction of murder in the first degree sand
five for acquittal on the ground Of insan-
fty
Thaw was AZ once taken back TO the
Tombs. Application that he be released
ON bail will undoubtedly be made very
soon. but it is regarded as almost GER
tain that this application will be denied
District Attorney Jerome announced i'm
mediately after the juTy's discharge that
Thaw would be tried again, though not
for several months.
On the final ballot the jurors who
voted for conviction were Foreman Dem
ing B. Smith. George Pfad. Charles II.
Fevke. Harry C. Brearly, Charles D.
Newton, Joseph II. Bolton. and Her-
nard Gerstman
The five who hung out for acquittaI
We're Oscar A. Pink. Henry c. Harney
Malcom T. Fraser, John S. Dennee, and
Wilbur F. Steele.
The scene in the courtroom when the
jury announced its disagreement, though
accompanied by all the formality usual
on such occasions, lost much of the
dramatic quality it would have otherwise
possessed. for the reason that Thaw ana
all the members of the family were aware
that no agreement had been reached.
counsel for each side having been told of
this by Justice Fitzgerald before they
entered the courtroom.
Jury Divided from First.
The story of the two-day effort made
by the ThaW jurors to arrive at some
agreement regarding the guilt or the
innocence of Harry X. Thaw on the
charge of numbering Stanford White.
is a story of constant strife between
the two parties into which the jury
was divided from the first When the
jury went out on Wednesday a ballot
was taken fifteen minutes after they
retired from the courtroom There was
some general talk among the twelve
before this ballot was taken, i'm the
course Of which Juror Harney hatIy
announced that he was IrrevOcably of
the opinion that Thaw was insane when
lie killed the architect.
When the votes east on the first bal
lot were counted it proved that eight
of the jurors voted TO convict Thaw OF
murder i'm the first degree. The other
four voted to acquit upon the ground
Of insanity. The original four who
stood for acquittai were Jurors Pink
Harney. Fraser. and Steele. From this
time on the contest was one between
these two extreme wings There never
WAS much hope of rec0rciIing them
from the very first The four who
originally were for acquittal never
voted for anything else from the start
tc finish, while seven Of the eight for
murder in the first degree the first time
the ballots were cast remained Of the
same opinion to the bitter end. al
though some of them were willing 10
compromise If the champions of acquit-
tai could be induced TO meet them half
way This. however, was never pos
sible. and before the twelve men fin
ally gave il mp the forces that fought
rec to their side.
Second Ballot Taken.
Having learned by this first ballot
what was the general drift Of opinion.
the twelve men went over the case on /
their return from dinner for some time.
and at 9:45 Wednesday night they took
Il second ballot. 1t resulted precisely [
as had the fTst-eight for murder in |
the first degree and four for acquittaI |
on the ground OF insanity. Every juror
voted exactly as he had done at frst. |
An night long the contendiRg forces
battled
The jury r0Om contains only two OF /
three tables and chairs and one made |
quate couch. About the room twelve men /
gathered in little groups. each one com |
posed OF representatives of-the different /
opinion. There was. Of course. some little |
sleep had but it was precious little this /
first night. The jurors took turns in try |
ing TO convince each other of the correct /
ness Of their divergent positions, those who /
favored verdict against Thaw pointing /
out the evidence which convinced them |
C0NTTNTrFn M ruTRn PACE