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


since Jan 2s has been sitting IN -luds-
rnent ON the young slayer OF slahioru
White, retired at 5:17 .. m. today TO
begin the consideration Of their YER
dict. six hours later they mad falle"
no reach an agreement. ana shorely
after IL ID. m they were locked up tor
,he night in the jury room OF the
rrit1,inal courts building. Justice Fltz-
Gerald who had been waiting for some
word from the jury room, became con-
,inced at that hour that the chances
~ receiving a verdict tonight were TOO
remote to warrant ms rcltainlns ~
an,s later. Justice Fitzgerald mad
say1ter in the evening gone to his cluD
in town and had held an automobile
IT. readiness to make quick trip TO
no court house should he be needed
Ills Instructions regarding locking up
the Jury were teleD honeu'
IN was said that when Justice Fltz-
,.Iaid,s message was received at the
sse,,,-t house the officer on duty there
n,,t fla matter UP 10 the Jurors them
hsatyas asking lf there was any posi-
hsItt1r nj A verdict within the next few
hours. The reply was strongly mega
tiva The Jury was said 60 be almost
hcpelessly divided and NOBODY con
nectad with the case tonight would
Tenttire the hope of anything better
,bnt a disagreement as the climax
~ inc Iong-drlwn-o trial.
Harry Thaw sat In the prisoners
nan adjoining the deserted courtroom
during the long hours OF the juty,s
SeIlbaratlons BY his side were his
Ma and his counsel. who remained
with him until all hope of u verdict
tonight was abandoned. During the
early evening all of the Thaw fanil y
we're with the prisoner, but before 10
o'clock they made their way UP town
20 their hotel.
THAW's SPIRITS REVIVE.
Thaw. who was much depressed at
the close Of Dist. Atty. Jeromes Inn
nassioned attack on him as cow
ardl,-. brutal murderer---a rich Hitter
are VINO always had had his own way
until he fell into the clutches or the
law revived in spirits as the evening
wore on and the chances OF an un-
In vorable verdict seemed to him 10 be-
rnr,e more and more remote He was
RELUCTANT 10 wend his way back over
The aimly lighted bridge OF signs TO
his cell in the Tombs. 10 say good
night 10 his Wife A.
The disagreement of the jury Is the
m ost unfavorable outcome that Tnaw
had at any time anticipates aurl ilse,
the progress of the trial His iarnllS
and counsel were much alarmed TINS
afternoon, however, lest the jury un-
der Justice Fitzgerald's charge mlght
find a verdict of a lesser crime ttal'
murder in the first degree lhe pits
oner tonight did not share TINS gloomy
outlook and laughed and Joked 10
dlspel the serious looks on the iaeeS "a
his mother and Vile
Justice Fitzgerald is NOT eSpecteu "a.
the courthouse tomorrow Until ~ ~,
the usual court session hour III VEG
fury should earlier notity NM OIL alt
agreement he N, sht consent TO come
down at an earlier hour. put th's 40
MOI considered at all likely.
Tombs Chaplain Wade visited Thsw
at The prisoners pen shortly before
nj O'clock tonight. He and Thaw have
become firm friends since the latter
tyas incarcerated. One of the prison
guards with Thaw tonight received
word from his home that his little glrl.
who mas been i'll for seYeral days WAS
diving. Thaw turned TO him and ex-
messed the greatest sympathy.
You are in a worse predlcament
than [ am" he said to the guard, and
/ am very sorry
THAW'S MOST TRYING DAY.
In the life of Harry Thaw this day
VIA go down as the most trying he has
ever experienced. From the opening
OF court until the jury retired the fates
dealt mercifully with him. Beginning
with Dist. Atty. Jefome's final argu-
ment and throug hont the judges charge
Thaw had TO listen 10 a scathins at
tack upon his character and TO mar
rative drawn from the evidence, which
was meant 10 strip his deeds of the
halo of ohvalrio glory which his own
aUlorneys had thrown about them
The Judges charge, lasting about an
hour was "a concise outline of the law,
and gave to the jury the alternative OF
rendering amy one of the following four
vcrdiuis Murder IN the first degree;
murder in the second degree man
slaughter IN the first degree. or not
guilty on the ground OF insanity
The statute gov erning the plea OF
Insanity was DEFINED clearly much
stress being laid on the fact that an
impulse TO Kali had no place
IN The law.
Altogether the charge. while consist
ing principally of a complete explana-
lion OF the law. was considered by
those who have followed the trial as
adverse TO the defendant. The attor-
neys FOR the defendant took exception
because the judge had failed to include
any OK their requests
JUDGES CHARGE DEPRESSED HIM
Thaw was much depressed by the
Judges words. and could not suppress
his feelings He left the courtroom de-
Jected,
The district attorneys summing up
Was q comprehensive and forceful re-
View cf all the evidence adduced. He
declared at the outset that romance
and sentiment did not enter into the
ISSUE II was not Il question OF Stanford
w nate character or Evelyn Thaw's
!, , W. elinsi It was "A paln matteT-of-f acI
helNielaei a common cowardly tender
ION murder.' AZ he termed IT. The
novel plea OF 'damentia Americana"
MADE ny ATTY Dolnas al the very close
oi pis argument WAS attacked by the
llslllct attorney and he repeatedly re-
ieILed 70 it IN tones OF sarcasm.
MI Ar, Jerome dealt mercilessly with
ENelyn lhaw, To whom he referred as
.he angel child, and to ThaHi
WHOM he termed alternately "St-
"solge' and 'Sir Galahad'
After the case had been given to
the Jury, Mr., Jerome's attention was
chilled 10 the nervous State of the de-
Discussing the situation with a num-
Der OF Friends the district attorney
said referring 10 Thaw.
The poor fellow thought the Judge
would simply tell the jury to lei this
~. George. this Sir Galahad business
80 ana mat an there would be TO 1t.
J now understand he Is sitting ia his
cell all In "A mess, his head bowed,
about the outcome. I'm really
sorIy TOR him, but more 80 for his
The Thaws remained In the court
house for a short time after the Jury
mad retired, and then The family, with
me exception of the Younger Mrs.
Thaw, returned TO their hotel for din
Ugf frlH Untins nyiTq roma It.nJ AL -,