Morris tribune. [volume] (Morris, Minn.) 1880-2000, 1907-04-13
AGAIN HEAR EVIDENCE
Thaw Jurors Have Portions Of
Testimony Read to Them.
VERDICT SEEMS UNLIKELY
Generally Conceded That Serious DIFF
ferences of Opinion Have Developed
Among the Men on Whom the Fate
of Harry Thaw Rests.


ating for more than eighteen hours
without being able to reach an agree
ment the jury in the case of Harry K.
Thaw reported before Justice Fitzger-
aid and asked permission to examine
large number of the exhibits intro
duced during the trial and also asked
to have read to them the testimony
Of several of the eyewitnesses to the
| tragedy.
Among the exhibits called for were
the letters which Harry Thaw wrote
to Attorney Longfellow shortly after,
as alleged, Evelyn Nesbit told him in
Paris the story of her relations with
Stanford White and the will and codicil
which Thaw executed the night OF his
marriage in Pittsburg on April 4, 1905
The letters and will were introduced
by the defense to show the mental
storm which, it is claimed, was
brought upon the defendant by the
story the girl related, =-~-- ss.s5
The jury also asked for the diagram
Of Madison Square Roof Garden as it
was the night Thaw killed White.
This diagram was held up before them
as the court stenographer read from
the official record of the testimony the
evidence given by James Clinch
| Smith, the brother-in-law of Stanford
| White, to whom Thaw talked for more
&hor7 holf tho niOh+ nf fhn
| tragedy; the evidence of Meyer Cohen,
the music publisher, whom Mr. Del
mas had quoted in his summing up.
address as saying that Thaw, after he
had sent Stanford White to his death,
| held out his arms i'll the shape of a
sacrificial ceremony; the testimony
OF Henry S. Plaise; of Paul Brudy,.
the fireman who disarmed Thaw; of
Warren Paxton. the engineer of the
roof garden, and other Witnesses.
Again Hear Eveiyns Testimony.
Lastly the, jury asked to. have read
to it the testimony" of Evelyn Nesbit
Thaw SO far as it related to the shoot
ing, the testimony of Thomas Me-
Caleb as to where the party was sit
ting on the roof garden and the testi-
moRy of DR.. Allan McLane Hamilton
as far RS it WAS allowed before the
jury. DR.. Hamilton was allowed dur
Ing the trial to testify that he had
made four visits to Thaw following
the tragedy and had formed an opin-
, ion as to the defendants then mental
condition What this opinion was he
was not permitted to state.
Foreman Smith also asked to have
read that portion of Justice FitZger-
AIDS charge relating to the testimony
Of Doctors Evans and Wagner.
In referring to the testimony of
these two experts Justice Fitzgerald
said they had made personal exam
inaticn of the defendant and that
whatever the defendant said to the
experts and was considered by them
in reaching an opinion was competent
evidence for the jury to consider.
The action of the jury in asking for
the particular exhibits and the testi-
mOny indicated led to much specula-
ton as to what the trend Of their long
discussion had been
One Of the widely discussed theories
was that the jurors either wanted 10
refresh their memories as to testi
mony tending to show either delib-
Grafton or premeditation on the part
of Thaw, or else they wanted to have
ha Of Tho zy'c "a nioht
of the tragedy rehearsed once more in
order that they might judge as to his
nationality. The suggestion of the
latter purpose seemed to be given
weight by the fact that they desired
to examine the letters, the will and
the codicil brought forward by the de-
fense in support of its claim of insan-
ity.
Serious Differences Apparent.
It was generally conceded that seri-
ols differences of opinion had devel
oped among the jurors as to the eVi
0enee and that a verdict of any sort
was still remote. The examination of
the ThaW letters and the other docu-
ments called for will require much
time.
Thaw faced his judges with every
indication of confidence. He, of all
the members of his counsel and his
family, is still hopeful of a favorable
outcome. The best that his counsel
expects is a disagreement of the jury. |
They have feared from the time the |
jurors retired that there might be |
compromise among them or some |
lesser degree of guilt than murder in |
the first degree. The action of the |
jury in calling for the testimony did |
not inspire the attorneys to any new
hope
The jury came into court again dur
ng the afternoon and asked for read
ng of the Judges instructions regard
ng the testimony of the defense alien
Ists. This request was granted, but