Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-13
THE THAW TRIAL.
CONTINUED from Page One.)
spent the two night sessions doing in

spent the two night sessions doing in
their chairs.
The entire story of what transpired
in the jury room from the time the Il
men retired at 5.17 O'Clock Wednesday
afternoon until they finally decided
this Afternoon that the prospects of a
verdict were too remote to warrant
longer discussion of the facts. was told
by one Of the jurors, Henry c. Harvey,
No. 5, a manufacturer. The final bal
lot-taken just before the jury report
ed its disagreement in court, was as
follows: For conviction of murder in
the first degree Messrs, Deming B..
Smith, foreman; George Pfaff, No. 2;
Charles H. Fecke. No. 3; Harry c.
Brearley, No. c; Charles d. Newton,
No. 8: Joseph 3. Bolton. No. II, and
Bernard Gerstman, No. u.
For acquittal on the ground of in
sanity: Messrs. Oscar A. Pink, No. 4;
Henry C. Harvey, No. 5; Malcolm S.
Fraser. No. {; Wilbur F. Steele. No. 9;
and John S. Dennee, No. 10.
Mr.. Bolton IS the juror whose wife
died during the trial while the jury
was being kept under lock and key.
Juror Harvey said:
:. about 10 minutes after we reached
the jury room we tok the first ballot
and It resulted in a vote of eight Tor
conviction Of murder in the first degree
and four for absolute acquittal. The
men who voted for conviction were:
smith, foreman; Pfaff, Fecke. Brear-
ley, Dennee, Bolton, Newton ana
Cicrstman. The men who voted to set
Thaw free were Pink, Harvey, Fraser
and Steele.
ond ballot was taken and then the votes
remained unchanged. A third ballot was
taken at 9.4J F. NJ. on Wednesday and
still there was no change in the opinions
Of the iurors. Thereafter there was con-
siderable discussion among tn" men, but
most of the night hours were spent IN
sleep and no vote was taken nntii 4'"'
o'clock the following Thursday after
noon. This was several hours after the
Jury had appealed to the court for re-
reading Of the testimony given ny eye
witnesses Of the tragedy.
THE fourth ballot marked ono change
in the vote Four OF the jurors stlll held
out for acIuittal, blt Of the rest Bernard
Gerstman, the 18th juror. changed ms
vote from murder in the first degree 10
that Of manslaughter in the first degree
about two hours later q fifth ballot
was taken and this showed decided
change on the part of the jurors who Not-
ed for conviction. 1t also proved that tn2
effort of the four jurors who voted for an
acuuittal had not been altogether in vain
for they succeeded in winning over u
their side Juror Dcnnc. 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 manslaught'r in the
first degree.
1.-The sixth ballot was taken at 81,
o'clock Thursday night and remained M
changed. After that there was no ballot
until 1920 O'clock this afternoon, Whe9
all OF the jurors showed that they were
OF the same mind as before, excepting
Rrearly, who in addition 10 voting fol
manslaughter in the first degree added
that the defendant should be recommend
cd to the mercy Of the court.
1.-The eighth and last ballot was taRei
at 32s o'clock this afternoon and SHOWED
a most remarkable change in the cntir'
Jury. The five men who had voted for AZ
absolute acqulttal changed their ballot
to that Of not guilty on the ground OF in
sanity In the hope Of winning over thei
colleagues. but the remainder of the jury
all of whom, with the exception o
George Pfaff. had voted for a verdict o
manslaughter mad" up their minds tina
Thaw was guilty in tho first degree ans
voted accordingly. This practically cnd"'
the deliberations Of the jury and IN
Jurors arrived at the conclusion that the.
mad never agreed and asked To be dis
charged.
90 at win be noticed that the only MAJ
who voted consistently according to hi
FIRST opinion was George Pfaff. who from
the very first ballot adhered to his belle
that Harry Thaw was guilty of murdc
in the first degree. Equally as consiSten
Sn their belief to the contrary were Juror
Pink. Harvey, Frazer and steele. VIII
from the very orrset decided that in thei
opinion Thaw was not guilty. These fou
men, however. slightly changed their be
lief on the last ballot, when in the hop
OF winning over their companions the,
conceded to acquit the defendant on tn
ground of insanity.
1.-The sessions of the jury were not al
together pleasant and peaceful. Their
were many stormy arguments and at on
"
ing faith with the orders of the cour
were made. but ut no point of the deiih
craticns did the foreman lose control o
the situation. He successfully held tn
j. men In check and was the first I
suggest when It was seen that there wa
no possibility Of verdict being reached
that they report the matter to Justic
Fitzgerald and leave the further dispost
ton Of the case to his judgment"
Wilbur f. Steele. Juror No. 9. said:
There was plenty of disparagomen
between the opinions expressed by TN
Jurors. We considered insanity in man
phases, but did not give the subject @
wronged womanhood any lengthy debate
/, in fact. scarcely any. 1t was touohe
upon and quickly dropped. The questio
which was considered at unusual lengt
was whether Thaw was insane at the mo
ment he shot Stanford White and wheth
cr at that moment he was responsible 70
Glis actions"
Juror Joseph B. Bolton said:
saThere WAS NO uueStion of the unWrit