The Montgomery advertiser., 1907-04-13
HOPELESSLY DIVIDED,
 7T1AW JURY IS DISCHARGED.

= judged upon the writ, law of the State of New York < declared that he believed that tho A .dence had con- vinced even Distri rAttorney Jerome of his innocence and the strict letter or tn law. Attorney Delmas of California who in making his summing up ad- dress to the jury appealed almost dir ectly to the 'unwritten law" or De mantia Americana" as he termed #. was not in court when the jury was discharged
 Hartridge .fakes Statement.
 Tonight Clifford W. Hartridge. the attorney of record and a warm personal friend of Thaw. gave the following statement to the Associated Press:
 MT. Thaw has already expressed himself as desirious of trial under and in accordance with laws of the State of New York. I can add noth- ing to that except to say that en- tirely agree with him and hope that we shall have a new trial, speedily and sary for the presiding judge to have to charge the jury that we are living in civilized community"
 Attorney Daniel O'Reilly. Clifford w. Hartridge, A. Russell Peabody, and John B. Gleason acted for Thaw today. It was said that MT. O'Reilly would have a leading part in the future conduct of affairs. A story of the proceedings in the jury room as they were learned tonight far outranked in interest these brief court proceedings which brought the famous trial to an end.
 It developed that the jury had con sidered 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 ballots. The first vote was to ip favor of con viction. Then the jury tried to reach common ground upon verdict or manslaughter fn the first degree. the punishment for which ranges to a max imum of twenty years imprisonment. The men in favor of acQufttal-large- ly on the ground of insanity. 1t Is said would not change their ballots and Tn the end won over to their side one or the eight who favored conviction. Dur ing the nearly forty-eight hours of de- liberation only eight ballots were cast. The jury spent two nights dozing ID their chairs.
 The entire story of what transpired in the jury room from the time the men retired at 5:17 o'clock Wednes- day afternoon until they finally decid- ed this afternoon that the prospects or A verdict were too remote to warrant longer discussion, was told by Henry c. Harney, juror No. 5. The final bal lot-taken just before the jury report ed It's disagreement in court was as follows:
 How Jury stood.
 For conviction of murder in the hrst degree Deming B. Smith, foreman; George Pfaff, Charles H. Fecke. Harry c. Breariey, Charles D, Newton. Jo- seph B. Bolton and Bernard Gerstman
 For acquittal on the ground of in- sanity: Oscar A. Pink. Henry 2: liar, ney, Malcolm S Fraser. Wilbur Y. Steel and John g. Dennee.
 Juror fIarney aidT s'ss~vs--.s.s-s ,'S z.
 About ten minutes after we reached the jury room we took the first ballot and 1t resulted in a vote of eight Tor conviction of murder in the first de- gree and four for absolute acquittal
 'sThe men who voted for conviction were: Smith, Foreman, Pfaff, Fecke, Brearley, Denee, Bolton, Newton and Cerstman. The men who voted to set Thaw free were: Pink. Harney, Frazer and Steele.
 Thirty minutes elapsed before the second ballot was taken and then the votes remained pnchauged. "A third ballot was taken at 9:45 ?. in. Wednes- day and still there was no change. Thereafter there was considerable discussion but as most of the night hours were spent in sleep and no bal lot was taken until 4:So o'clock Thurs day afternoon. This was several hours after the jury had asked the court for a reading of the testimony by eye witnesses of the tragedy. The fourth ballot marked one change Tn the vote. Four of the jurors still held out for an koI hx.N hf ar.1 Gerstman, the twelfth juror, changed his vote from murder in the first de- gree to that of manslaughter in the first degree.
 About two hours later a fifth bal lot was taken and this showed a de- cided change on the part of the jurors who voted for conviction. 1t also proved that the effort of the four ju- TOTS who voted for an acquittal had not been altogether in vain. for they succeeded in winning over to their side Juror Dennee who, up to that time had voted for conviction. The rest of the jurors with the exception of George Pfaff who had voted for murder in the first degree decided that Thaw was only guilty of manslaughter in the first degree. The sixth ballot was ta- ken at s:25 o'clock Thursday night and remained unchanged. After that there was no ballot until 1920 o'clock this afternoon when all of the jurors showed that they were of the same mind as before excepting Brearley who in addition to voting for manslaughter in the first degree, added that the de- fendant should be recommended 10 .ae mercy of the court
 Showed Remarkable Change.
 The eighth and last ballot was ta- ken at 3:45 o'clock this afternoon and showed a remarkable change. The five men who had voted for an abso- lute acquittal changed their ballots to that ot not guilty on the ground of sn- sanity in the hope of winning over their colleagues, but the remainder of the jury. all of whom. with the excep- ton of Gecrge Pfaff had voted for verdict of Inanslaughter, made up their minds that Thaw as guilty of murder In the first degree and voted accord- ingiy.
 This practicail, ended the delibera- tions of the Jury and the jurors hr- irving at the conclusion that they could never agree, asked to be discharged
 "The sessions of the jury were not altogether pleasant and peaceful. There were many stormy arguments and at one time charges of inconsis- tency and breaking faith with the or ders of the court were made, but nt no point of the deliberations did the fore man lose control of the situation"
 Wilbur E. Steele, Juror No g, said:
 There was plenty of disagreement between the opinions expressed by the jurors. We considered insanity in many phases, but did not give the subject of wronged womanhood any lengthy de- hate: in fact, scarcely any. It was touched upon and quickly dropped. The question which was considered at un- uSual length was whethar Thaw ,.,a. ir