Waterbury evening Democrat., 1907-04-12
luncheon Was Served 10 Them in the Jury Room at
 Mid-Day l.
FLAWS STATEMENT
Says Ne Was Advised to Carry a Weapon For Prolecilon---Much Speculation as 10 Outcome
 of Jury's Deliberations.

New York, April 12.-Another long. comfortless night was gone through at the criminal courts build ing by the twelve men to whom the question of Harry K. Thaws guilt or innocence has been committed, and this morning found them all but worn out by their protracted wres- tline with the grim problem. The room in which they were confined IS small, and its sole pretension to any thing like ease are long table and some chairs. This of course meant added sleeplessness and fatigue. Now and then the doors were unlocked by the guards to allow one or another of the jurors to take some exercise in the hallway, but this was all the relief extended from the burden of deciding for or against the prison CTS life.
 This jury's struggle to reach yer dict in this already famous case brought up several comparisons of interest. When Roland B. Molineux was tried the first time the jury was out eight hours and 1t convicted him; when he was tried again the jury was but 25 minutes in reaching a decision to acquit him. When Nan Patterson was tried the second time, the illness of a juror having caused the suspension of the first trial, the jury was discharged after 1t had been out "A hours, and then reported that 1t could not agree. Her third triallwas equally empty of results af- ter }he jury had been out II and g half hours.
 Tile Thaw jury has already ex- ceedbd these records by many hours. having retired soon after 5 o'clock We} hesday afternoon. It was said at }Ie district attorneys ofice, in this cor lection, that the court of appeals of his state once decided that 1t was ent rely within the discretion of a pr( jiding judge to order a jury lock- ed up as long as he deemed proper.
 mother thing that was learned vt that should the jury disagree Tl aw would be tried again next Oc- td Ter, and that any effort by his cd knsel to obtain bail would be wig ol jusly opposed by the district att t{ Gney.
 IA most hopeful sign is the fact q ht the jury has made no mention q hopeless disagreement. That t ere is a deadlock is. of course, cer- in, but from the fact that the try has not reported 1t or asked to D. discharged on that ground comes le inference that they must have Dme hope of coming together or that they have determined to fight it out until physical endurance is exhaust ed. Rumors were rife again during the night as to the probable result of the jury's deliberations. but as was the case yesterday all were mere ly guesses.
 As for Thaw's good spirits. despite the nerve raking suspense. were con- sidered not far from marvellous. He sat in the prisoners pen for many hours, but as the night went on and no word came from the jurors he did not lose any of the sanguine air which characterized his demeanor almost from the time the jury began its deliberations. It was he who comforted his wife and mother, al- though ostensibly it was they who were by his side to help him bear the anxiety. They stayed with him until midnight when there was no further hope of a verdict. notwith- standing they had suffered a dreary. tumultous day as a result of anxious waiting and the rudeness and bolster ousness of the crowds that had thronged in and about the court house.
 Crowds began to assemble in the streets about the criminal courts building as early as s:30 o'clock to- day. District Attorney Jerome said that the longest period of confine- ment he had ever known a jury to endure In this jurisdiction was 42 hours. The court of appeals ap- proved the course Of the court in that Instance because there was no at- tempt to coerce the jury.
 It was persistently reported this morning that the members of the fury are divided 2 to 3. but just what grounds the division is based upon could not be determined. Some said nine were for conviction for man slaughter with three for aequittal. while others declared 1t was } for conviction and for aequittal on the ground of insanity.
 This report as to the 2 to division vas lent a certain degree of color by the statements of persons vho had watched the jury room windows early this morning They said the jury was arranged for discussion in three groups with one man in the center of each shaking his head znd refusing to concur in the expressed opinions of the otherr- The stories even vent O far e fo nams the three jurors who would not be moved by the ar kuments of their feliowaL
 Jusfice Fitzgerald. if developed to- day. had . long conference Iast Tues- 1ny nlGht with Menu David Mcclure cd no6w O olnsy- vho vero nen- nnm c sno oumm1ucno in lunacv