The Barre daily times. (Barre, Vt.) 1897-1959, 1907-04-11
REQUEST GRANTED
AND THEY RESUMED
Thaw Party Filed Into Court
Before Justice Fitzgerald
Put in Appearance ThaW
Was Decidedly Nervous
Over the Delay

New York, April f1.-Up to two
o'clock this afternoon the jury in the
Thaw case had failed to report a YER
diet.
New York, April ftp to 1915
o'clock this forenoon there was no sign
from the jury which held the fate of
Harry K. Thaw, charged with murder
ing Stanford White, and which had been
locked up all night. There was then a
growing belief that the jury would re-
port disagreement Thaw was very
nervous and began worrying the Tombs
attendants early for news from the
courthouse. The jury went to breakfast
at $50, many Of the members showing
the strain OF the night. 1t was an
nonnced then that deliberations would
not be resumed until 9.30.
In case the jurors are divided, II may
be many hours before they are finally
discharged and mistrial declared 1t
is believed that Justice Fitzgerald may
even keep them together several days
in the hope Of forcing verdict. In this
case the jurors may compromise on a
ninor degree Of crime to escape further
confinement.
Justice Fitzgerald did not reach the
courtroom until 1921. Mrs, William
Thaw, Mrs. George Carnegie and Edward
Thaw arrived one minute after and
went into the Justices chamber All
the Thaw women showed signs Of a
sleepless night, Evelyn especially, look
ing to be ON the verge of collapse Thaw
- nta1a4t@ rv4d
Franklin street under the bridge OF
signs" was packed with a restless mol
straining to see him.
A great crowd surrounded the court.
house and the hand book men were doing
big business in the neighboring sa.
looms, most OF them offering odds Of iC
to Z that Thaw would not be acquitted
and the jury would disagree. The most
persistent of the many rumors afloat
was that the jury stood ten for acquit.
tal and two for conviction.
The first signs from the jury came
at 1885, wien they sent eommuni
cation to Justice Fitzgerald asking fol
six exhibits
At II Justice Fitzgerald took tn,
bench and the jury fled in. They re
quested SIX exhibits, namely, the plar
Of the Madison Square roof garden, th'
Lonulellow letters, fhaw's will and eodi
ell the Comstock letters, and Jeromel
and Delnas' hvpotheticai questions. Th'
jury then had read TO them the tesi
mony Of Meyer Cohen and Paul Brody
who saw the shooting
While the exhibits were being read
Thaw handed the reporters this note
h.. .4I. fe.ts
letters Of the deceased"
Many Of the jurors looked like physi
cal wrecks, as they sat listening to thl
reading Of the testimony. Wilbur Steele
the oldest man on the panel, had to &
out for water and air. He staggered lik
a man in the last stages OF exhaustion
Thaw appeared IN as bad fix as th
jurors.
When Case Went to Jury.
The case was put ii the hands Of th
Jury last evening at 5;f7 o'clock Afte
considering the case for an hour ana
half they went to the Broadway Contra
for dinner, court having been adiourne,
meantime by Justice fitzgerald unit
this morning. The jury returned fron
dinner at S.52 and Immediately wen
into the consultation room and continue
the discussion. Justice Fitzgerald lef
soon afterwards for home, while TIL
crowd which had been anxiously waitin
also dispersed.
Justice Fitzgerald's Charge.
In. delivering bis charge to The iur,
last night, Justice Fitzgerald explaine
the law and stated that homicide is ex
cused by insanity. Then going directl
to the case III hand he said:
''ff there existed in the mind Of tlI
defendant an insane illusion it is no
an excuse unless the illusion is Of sue
Il character that il true II would resnl
in bis injury.
proof of partial or incipient insanit
Is insufficient as an excuse. The settle
law Of the state i that so long as tha
power to appreciate the nature an
quality of the act IS present no ma
must commit crime if be would eseap
t4e consequences
'If he cocks. aims and discharges
revolver, as it Is alleged here, did h
know wher be eoesed and fred the wes
pon that the oct was wrong and tha
would probably destroy u life, and di
Ne know That tbe act was forbidden b
laws fhat IS tie question which u
laW must have answered
atndae the rule 81 evidence the si0i.
claimed IS the defea1aat's wife to ha,
bsen told by her TO sila defendant is az