Cameron County press. [volume] (Emporium, Cameron County, Pa.) 1866-1922, 1907-04-18
Jury in the Thaw Trial
Failed to Agree.
WASOUT AZ HOURS
Seven jurymen Voted for Verdict of
Guilty of First Degree Murder
and Five for AcquittaI.

New York.--Hopelessly divided
seven for verdict of guilty
of murder in the first degree
and five for acquittal on the ground
OF insanlty-the jury which since
January % had been trying Harry X.
Thaw reported Friday after AZ hours
aud minutes of deliberation that it
could not possibly agree upon YER
dict. The II men were promptly dis
charged By Justice Fitzgerald, who
declared that he believed their task
was hopeless. Thaw was remanded
10 the Tombs without bail to await
second trial on the charge Of having
murdered Stanford White
When this new trial would take
place no one connected with the case
could express an opinion. District
Attorney Jerome declared that there
were many other persons accused OF
homicide awaiting trial and Thaw
would have to take his turn with the
rest AS to a possible change of
venue, both the district attorney and
counsel for Thaw declared they would
make no such move
TAaw, surrounded by the members
Of his family, received the news in
absolute silence When it became
known that the jury was about to
make its report and that the case
would be disposed of Thaw called his
wife to a seat by his side and sat
with his arm thrown about her until
he was commanded to stand and face
the jurors. Smiling and confident as
he entered the court room, he sank
Imply into his chair when Foreman
Deming b. Smith, in response to a
question by Clerk Penny as to whath-
er verdict had been agreed upon,
said; We have not"
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,
excepting possibly Mr.. Bolton, com
prehend the weight OF evidence and
balanced it for acquittal. All my
family bid me goodbye with cour-
age. I trust we may all keep we'll
To his attorneys Thaw said he was
deeply disappointed.
but | could hardly expect any
thing 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 desired that his fate should
be judged upon the written" laws of
the state of New York. He declared
that he believed that the evidence
addicted had convinced even District
Attorney Jerome of his innocence
under the strict letter of the law
The story of Ike proceedings in the
Jury room as they were learned last
night far outranked in interest the
brief court proceedings which
brought the famous trial to close.
1t developed that the jury had consid-
cred everything connected with the
case except the unwritten law" Bas-
ing their Judgment entirely upon 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 con
viction. Then the jury tried to reach
a common ground upon a verdict of
manslaughter in the first degree, the
punishment for which ranges to
maximum of 20 years Imprisonment.
| The men in favor of acquittal-large-
| ~ on the ground of insanity it is
said-would not change their ballots
and in the end won over to their side
Cue OF the eight who favored convic-
ton.
During the nearly As hours of delb-
Grafton only eight ballots were cast.
/ The jury spent the Two night sessions
| doing in their chairs. The entire
story Of what transpired in the jury
room from the time the II men re-
tired at SLY O'Clock on Wednesday
afternoon until they finally decided
Friday afternoon that the prospects
of verdict were too remote to war
rant longer discussion of the facts,
was told by one of the jurors, Henry
G. Harnay, No. >, 4 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. Deming B.
Smith, foreman; George PfaT, No. 2;
Charles il. Feclle, No. 3; Harry c.
Brearley. No. 6 Charles d. Newton.
| No. 8; Joseph B. Bolton, No. II, AID
Bernard Gerstman, No. II.
For acquittal on the ground OF in
sanity; Messrs Oscar a. Pink. No. 4;
Henry c. Harney. No 5; Malcolm S.
Fraser, No. I; Wilbur +. steele, No. 8.
and John S. Dennee, No. 10.
Juror Bolton said. There was no
question OF the unwritten law or of
dementia Americana in our delibar-
attons. We considered the case from
purely legal standpoint"
Delegates TO The Hague are Named.
yVq.biuut0n n E-Tb9 fgfl,,.,