Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-04-11

been preceded few minutes by men, !.
beers OF the Thaw family, all of whom
seemed deJectcd and all but forlorn.
Just before IL o'clock Justice Fitgt
gerald received a communication from
the Jury asking for an interview, at
which they might present their requests
for exhibits and the reading OF tcstI
money,
The strain under which the Jurors had
labored since their retirement yester.
DAY AFTERNOON was plainly written upon
their Faces Their eyes We're red. theIr
cheeks chality white, and the whole
erect one OF haggarduess. 1t was evil
dent mat sleep had been stranger 10
tnsit consultation room last night .luV-
ors FINK and Steele seemed especially
10 nave suffered In the long vigil. Dur
ms the long time IL required the court
ssenogfapher TO read the testimony
tne Jurymen lounsed back in their
chalrs and appeared TO keep awake only
with the greatest effort.
THAN CALLED no BAR.
When Harry Thaw was called to In.
pai' he entered the room with a quick
Slilue ana bright eyes and carrying half
dozen morning newspapers. His man.
her ana appearance bore out the state
meats OF his counsel earlier In the day
'1al NO apparently was in better shape
physically than any other person con y
hecled with the long and tedious trial.
Thaw bowed TO his mother, his wife
hls Two sisters, the Countess of Var
mouth and Mrs, George l.. Carnegie,
and 10 his brothers Edward and Josiah.
He then turned to his counsel. all Of
whom were present, and entered into a
brisk conversatio with them.
Justice Fitzgerald In taking the bench
said;
II have received a request from the
jury to be allowed 10 examine and have
possession Of the following exhibits:
1.-THE plan or diagram of Madison
Square garden
"2--Exhiblts A 10 1.-The letters from
Thaw 10 Atty LOngfelow.
'S-The will and codlcll
'A--1'he CpnstOck letter.
tion"
The people have no objection" said
Mr.. Jerome.
The defense has nome said Mr.
Foreman Smith of, the jury stated
THAI the jury desired not only the type
written copies Of the Thaw letters. viii
and codicfl, but the originals as well.
The papers were gathered together by
Clerk Penny and made into a bundle.
The reading Of the testimony of Off,
Ger Dennis Wright and John Anthony
and Peter Barrett dnormeu of the
Nineteenth precinct police tatlon, fol-
lowed.
WANTED EVELYN's EVIDENCE.
Lastly, the jury asked TO have read to
IL the Testimony of Evelyn Nesbt Thaw
so far as it related to the shooting, the
testimony Of Thomas McCabe as to
where the party WAS sitting upon the
roof garden, and the testimony of DIR.
Allan McLane Hamilton, as far as Ii
was allowed before the Jury, DR.. HAM
ilton was allowed to testify that he had
made -four visits to ThaNN following the
tragedy and had formed an opinion as
To the defendants mental condition
then What this opinion was he was
not permitted 10 state
Foreman Smith also asked 10 hsve
read that portion OF Justice Ft@ger-
cld's charge relating to the testimony
OF Doctors Evans and Wagner
In referring to the testimony Of
these two experts. Justice Fitzgerald
said that they had made 4 personal
examination OF the defendant and
that whatever the defendant said &c
the experts and was considered by
them in reaching an opinion was
competent evidence for the jury to
consider
ihe jury retired at 1850 y. m. after
having listened to the reading Of tes-
tmony for two hours and q half
The Thaw jury asked Cor a reading of
the Judges Instructions regarding the
testimony of the defenses aIlenists.
The Thalw jury asked permission to
have some portions OF Delmas' sum-
ming UP address read to them but JUS
tico Fitzgerald would hOt permit 1t,
saying 1t was not in evidence,
The Thew jury retired at 1929 p. m.
EVELYN'S MOTHERS WISH
PIttsburg, April 11-'No matter
how cruel Harry Thaw and Evelyn
have been to me, [ would like to see
the jury acqult the defendant for the
comfort 1t would be to Florence 1
sincerely hope the jury does acquit
him and soon for the sake of my
daughter and what IT means to her
peace OF mind"
This is the statement made 10y Mrs.
Charles Holman, mother OF Mrs.
Harry IS. Thaw after a strenuous IS
hours OF anxiety awaiting the return
OF the jury.
When it WAS understood that 1t was
almost an impossbllity for anything
accurate TO get from the jury room,
Mrs. Holman was inclined to take 1t
as a bad omen.
Beyond making the expressions
above. Mrs. Holman had nothing to
say Nor would her husband talk for
publication at his time
pCDEnIrATInM nE rAPNCEIE