Evening journal., 1907-04-13
WILL TRY TO GET
THAW OUT ON BAIL
Next Move vii Be An Application For His Re-
lease, Which Jerome Will Resist.
Lawyers in WrangIc

became abusive and made insinuating re.
marks. The Jurors who stood for acquittal
resented this and on several occasions the
argument became bitter and once only
the Intervention Of Juror Fraser. accord
ing TO the story told. prevented blows be-
tween Pfaff and Steele, the leader Of the
acquital forces. This dispute came in a
moment when the jurors had almost
agreed to compromise and ended all over
lures.
Jurors Shook Hands
After their release the jurors manifested
better feeling and shook hands all
around before parting. They will dine 10
gether at the Broadway Central Hotel on
/ April 20.
The exact proceedings in the iuryroom
are shown in the minutes" kept by one
Of the Jurors which to-day were furnished
to the Publishers Press. Following is
this statement:
1.-THE first ballot was taken at $50 o'clock
April 10, fifteen minutes after the jury had
retired. II showed six votes for murder in
the first degree, two for manslaughter N
the first degree and four for acquittal
Jurors No. 1 and foreman Smith and
Harry c. Brearley) were the jurors voting
for manslaughter Those for acquit-a
were Oscar A. Pink, Henry c. Harvey
Malcolm S. Fraser and Wilbur S. steele.
"On the second ballot the vote stood
eight for conviction Of first degree muir
der and four for acquittaI. Smith and
Brearly had changed TO murder.
THE third ballot showed no change
| from the second.
AT Ills on April II the jury notified
the court that it wished to have read
the testimony Of certain employees Of
\ the Garden and officers on duty at the
station house where Thaw was taken,
/ and wanted to examine the exhibits A
to L CThaw's letters to Attorney Long
fellow. the plan Of the Garden, the
Comstock letters and the hypothetical
questions), and the judges charge in
relation to the weight to be given ex-
pert testimony They then returned to
the juryroom, continued the discussion
after careful examination Of the ex-
hibits.
"The fourth ballot was taken at 5 p
m. on Apri IL. 1t showed seven for
murder in the first degree, one foi
manslaughter in the first degree and
flour for acquittal. Juror Brearley- had
\ changed back to manslaughter.
Juror Speaks 25 Minutes
-~After the deadlock had continued for
lsome time, Juror No. 10 (Mr. Denee)
asked to be allowed to address the jury
las he felt inclined to change his vote
lDenee spoke for some 25 minutes on
certain phases of the evidence, and es-
pecia,ly the Longfellow letters and sig
lnihcant facts which he CLEANED from
the examination OF the exhibits The
lspeech was a clear review of the salient
features Of the case. and of the judges
I charge in connection with the expert
4 testimony. He argued that a reason
able doubt as TO the sanity of the de-
lfendant under the statutes at the time
of the homicide had been aroused in his
mind.
"The fifth ballot taken at 6.45 on the
l11th had the effect Of increasing the
vote for acquittal TO FIVE, and Denee's
lchange broke down the vote for the
lconviction. The ltllot stood one for
murder in the first degree, six for man
slaughter in the first degree and five
for aGCuittal.
! lit NiAAil anu NhhNAiAAA h'N'-NNt' 49,
taken at $50 D. M on the 1fth and - 20
D. m. on the 18th. respectively. They
4 showed no change in the vote.
"The eighth and final ballot was
taken at 1855 April r. 1t showed seven
for murder in the first degree and five
voting not guilty on the ground Of in
sanity Those voting for conviction
Il We're oFreman Smith and Jurors Pfah
Fecke, Brearley, Newton, Bolton and
! Gerstman Those for acquittal were
Pink. Harney, fraser, Steele and De-
lnee."