New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-13
Discharged After Forty-Eight Hours Of WrangEng--
Nearly at Fisticuffs.
Jerome Says He'll Put Prisoner Trial Second Tme-Geason
Assais Demas Jury Room Secrets Told.

Harry Kendall Thaw for killing Stanford White
on the night of June %. last year, announced
that it impossible for them to reach an
agreement, and Justice FitzGerald discharged
them
District Attorney Jerome Immediately after
ward told reporters that he would place Thaw
on trial again. but not until the fourteen
homicide cases. now pending had been disposed
Of This means that the second trial cannot
possibly take place until late fall early
winter In the mean time Thaw probably must
remain in the Tombs, because Mr.. Jerome has
said that he would oppose any motion TO ad-
nit the defendant to bail. and it is scarcely
likely that any judge would grant motion in
face of the District Attorneys decided opposi-
ton
The jury stood to ; in favor of verdict for
murder in the first degree, divided as follows:
For conviction-Deming b. Smith, foreman;
George Pfaff juror No, .; Charles II. Fecke
juror No. 3: Henry c. Brearey, juror No s:
Charles D. Newton. juror No. s. Joseph r. Boil
ton juror No. H. and Bernard Gerstman. juror
No. ~
For acquittal-Oscar A. Pink. juror No. e.
Henry c. Harvey, juror No ;: Malcolm S. Fra
ser. juror No. =; Wilbur F. Steele. juror No. 9,
and John s. Dennee. juror No 10.
Unlike the rule IN most murder cases. there
was no seal on the lips of the jurors after the
trial had ended. and it is possible 70 give
a reliable history of their deliberations and TO
tell the reasons why they were unable TO agree
The story told by Mr.. Fecke. who stood out to
the end for conviction, covers very completely
the history of the two days and nights during
which the twelve men strove to reach decision
MR.. FECKE TALKS.
The first ballot we took" Mr. Fecke said
showed that six were for verdict of murder
in the first degree. two for mansaughter and
four for acquittal on the ground of insanity
The four for acquittaI-SteeIe. Harvey Pink
and Fraser-never budged from their position
to the end. but on the next ballot the two who
had voted for manslaughter went over to the
six who had declared for murder in the first
degree making the division eight TO four
For long time argued back and forth
until the majority offered compromise verdict
of murder in the second degree. The minority
refused. Then the majority said they would ac-
cept a verdict Of manslaughter I'm the first de-
gree. and later offered to add a recommendation
to mercy but the four men remained obdurate
and insisted on an acquittal
This was the state Of affairs when we reached
court on Thursday morning. We had brushed
aside all extraneous matters and had reached
the crux Of the whole question that is. was
Thaw sane or insane when he killed Stanford
White? We didn't care anything for Mrs
Evelyn Thaw's story; the Hummel affidavit had
not been considered to carry much weight; the
testimony OF the alIenists was disregarded
When court convened. as will be remembered.
we asked for Thaw's letters to his attorney
Longfellow, and for the will and codiciI. but
particularly we wanted 10 hear the testimony Of
every one who had Thaw under observation that
night.
DENNEE CHANGES VOTE.
when we got back to the jury room the ex-
hibits We're read. They made great impress
sion on Mr.. Dennee In an address which lasted
thirty-hve minutes he pointed out certain
things which. he said. left the impression with
him that while they did not prove that Thaw
was insane yet indicated that he might be-
Thereupon he changed his vote and Joined those
favoring acquittal So we stood until we decid-
ed that our differences never could be recon
ciled, and so reported to- the court"
Was there any outbreak of hostility between
any of the jurors?" Mr.. Fecke was asked
Yes he replied; two of the men. tired out
and nervous in the extreme. nearly came N
fsticufs. There was a question Of yeracitv as
to whether a juror had read newspapers or
not, and the lie was passed An encounter was
prevented by the others. However it was all
In the heat of the moment, and the men are as
good friends ever
Ill s.
tice FitzGerald's charge was very fair 10 botb
sides In some of the courts rulings during the
trial. however, the jury were inclined TO believe
that Mr.. Jerome got the worst of it,
How about the addresses of eounsel?r the
juror was asked
We'll. TO tell the truth, Mr.. DeImass sum
ming up did not impress us. We were inter-
ested at first, but we got tired especially at
the angel child and 'dementia Americana, ref
erences. 1t all absolutely unnecessary, use
less" He said that Mr. Jerome's address made
a better impression the jurors. but that when
it came to reaching a decision neither sum-
ming up was taken into consideration
Mr.. Fecke was very emphaticaIy of the opin-
ion that some means should be found to call
a halt expert testimony. It did not weigh
with the Thaw jurors he said and wasted a
lot of time.
ANIMOSITY AMONG JURORS.
Henry G Harney. juror >. told practi-
cally the same story Mr. Fecke. He said
there was lots of animosity displayed all
through the debates. He was accused of having
read the newspapers. and had to deny it very
emphaticaIly. He said:
There was general admiration among the
Jurors for Justice FitzGeraId. his kindness, his
rulings. his thOughtfulness. Mr.. Jerome's plea
was also much admired. but nobody paid very
much attention to Mr. Delrlas's address, he
said
Charles s Newton juror s. was insstent
that the plea of Mr.. Delmas. based on the un-
written law. failed utterly. This case ha5 Moth
ing to do with the unwritten law anyway" he
said 1T turned solely on whether or not Thaw
was insane or whether he killed White in cold
blood
mo credence was accorded Evelyn Nesbit
mt, ha nd fhn