The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-04-13

Ting with each other In their tempo
rary prison.
IL was rumored widely that nine OF
the jurors stood for conviction OF.
manslaughter and three for acquittal
on the ground OF insanity. II so. the
nine were making most strenuous eff
forts 10 convert the three TO their way
OF thinking.
The twelve men went 10 breakfast at
1905 o'clock. Their room had been
darkened during the late hours OF the
night, although that had not been done
during their first nights ordeal They
had been In session almost thirty Weight
hours when they started for break
fast. and weary, sleep wanting. be-
dragged lot OF men they were. Two ny
two. with sherlf's guards between ev.
cry pair and the faithful Captain
Lynch experimenting every movement
they went 10 their hotel. ~
There had been no sign from the
jury room. where on the one long tahle
and In the straight back chairs that are
hard enough for one 20 Iit In. not -
mention sleep In. the twelve had pass.
ed the night There was not even
slip Of rumor that came out Of the
closed room. Those who had been do
Ing the prognosticating as 20 the way
the jury stood had grown tired Of the
useless task and given II up.
II was deadlock with men OF De.
termlned minds advised before on each
side OF the possible verdict. II was
accepted that the fact that the rom
was darkened meant that the weary
men were trying 10 get n hlt Of sleep.
and their clothes told the story whea
they issued from the jury nom There
were the usual balts for passersby a.
they came across the busting throngs
on the cross streets. but no untoward
incident
Argument M the hotel between the
Jurors visible from the opposite side Of
the street convinced observers that the
jury stood nj least nine 10 three for
some sort OF verdict After the twelve
men had eaten their breakfast In the
private suit set aside for their use on
the second floor OF the hotel they
strolied TO the big windows on the
Broadway front and could he plainly
distinguished from the opposite side II
the street. - earnest was the argument
aud the pleading that the Jurors ap.
parently took no notice of the I'ossl.
biiliy Of their being observed.
Bernard Gerstman. the blE. good ni.
tured looking juror who sits In the seat
OF No. II. was seen at one % the win.
dows In earnest argument with Harry
&. Brearley. Juror No q.
At another window Malcolm y I'm
ser. Juror NJ. Z. could be seen arguing
aud gesticulatlng with sweeping arms.
his face set and stern. with Oscar A.
Pink. juror No. 4.
Joseph u. Bolton. juror No. N. whose
wifc's death halted the trial. sat down
above his head could h. seen Charles
u. Newton. juror No \. waving his
arms aud talking 10 him with the
greatest earne-tnc-s A thlri juror
whose back was turned 10 the window.
WINS also pleading with Juror Bolton
shortly after this the party retired
from the front of the house aud made
ready for the walk down 60 the court
room.
Immediately after the men disap-
peared from the windows and had put
on thrr osercoats they issuel from the
uorihcrly entrance on the Broadway
side of the hotel and started down and
through bond street To Lafayette and
thence on the east side Of the way 20
the criminal courts building.
There was no stopping on the way
down 10 the court building. which was
reached no twenty minutes after y
O'Clock. The jurors went NJ once a. their
room to continue their delibcrailon.
1hen n report was circulated that the
jury then stood nine 10 three Tor con.
viction IN the first degree Of man.
slaughter Two were said 10 be hold
ing out for an agreement 10 acqult ab.
soluiely. while the third man was said
10 be lnsistent that the verdict OF nc.
quittal should be accompanied by the
explanation that In the minds Of the
jury Thaw was insane at the time he
committed the murder of stanford
| White.
Thaw did not get 10 sleep. according
60 his keepers. until . o'clock la the
morning Then he tossed resilessly un.
til his keepers awoke him NJ twenty
minutes before o'clock. Thaw was
taken over the Bridge ~ signs to the
room that u used by the shcrlfs
guarls lie read The papers with avid.
ny aud said that be was confident OF
the outcome outside the Tombs.
acriss Center street. ON the east side
Of the way. ag be- looked ont N hls cell
window right above the cntfaiice OF
the Tombs he saw a couple Of hundred
people aud asked his Keeper why the
people were gathered there instead OF
IN front Of the court building. Ito
thought that there might Be some an.
nounccmcnt OF decision by the Jury and
inquired anxiously about u. lie seem.
ed disappointed when told that Il look.
ed as II the Jury had not agreed and
was especially downcast when told
that one OF the jurors bad taken With
him from the hotel TO the court build.
ing his Gladstone bag. Clifford W.
Harirldge. his attorney Of record. saw