The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-04-12
locked UP FOR
SECOND NIGHT
Thaw Jury Apparently Unable
TO Agree as to Guilt or In
noCenCe of Prisoner.
JUDGE EXPECTS A VERDICT
ANXIOUS RELATIVES HAUNT
THE COURT ROOM.

Vow York. April 1l.-Dclberation of
+fIirtv-0nr hours by the Thaw jury has
t7Ted TO result in a verdict. At 1l:i0
o'clock tonight the jury was ordered
lacked ND for a second night at the Grim
anal courts building. The fact that they
had rot been able TO agree after devOt-
ing so much time to a study and dis
g1ssiOn OF the case has given rise to the
r]jef that the trial viii end in a disagree
,nent and the whole affair VIII have to be
gone over again
Although the twelve men have thus far
called IN reach common opinion and
IL all appearances are hOpelessly at sea.
Justice Fitzgerald has not given up hone
If having "a verdict rendered. As vet
Deming 3. Smith. foreman of the jury.
has not complained to the court that the
jurors are unable to reach decision. and
until ne does 50 it Is not likely that Jus
tice Fitzgerald viii discharge them.
.. Verdict Expected.
The general impression prevails that if
they are unable to agree at the expiration
Of forty-right hours they will be released
from further service. The very fact how
ever that no intimatiOn has been re-
seived from the jury room that the men
are unable % agree has been construed by
men who have followed the proceedings
closely a. an indication that a verdict will
eventually be- reached
The mother, wife and the two sisters
and brothers Of the defendant were in the
criminal courts building up to the last
minute and when il was announced that
the jury had been locked up over night
and there was no longer any prospect of
q verdict before tomorrow, they returned
10 THEN hotel crestfalleu. They had
hoped and looked for decision today and
the news that they would have to pass
another night in doubt and anxiety was
received with keen disappointment.
Came Into Court Twice.
Twice during the day the twelve men
who took their places in the jury box
more than two months and a half ago.
filed into the court room and asked The
court s assistance in an endeavur to bring
about an agreement.
They appeared wan and haggard after
Wransling through all of last night I'm the
SJuIlN little conference room at the Grim
lral courts building. with only hard chairs
and one long table provided for their
comfort The jurors wanted TO hear
again the evidence of numerous eye-wi--
Hesses TO the tragedy. They wanted to
hear what Or Allan McLane Hamilton
had been allowed 10 testify as to Thaw'S
condition the night of the tragedy and
what Evelyn Nesbit Thdw had said as
10 her husbands conduct that evening:
they wanted TO hear repeated the CONVEX
satOns Thaw had with James Clinch
Smith Just before he committed the
homicide: they wanted to hear several
portions of Justice FitzseraId's charge
once more, and. finally, asked permission
10 take possession of all the writings of
Ihaw which had been introduced into
the trial as indicative Of the defendants
state Of mind when he heard the story Of
Evelyn Nesbits alleged WRONGS at the
hands of The man who was to become
his victim
Judge Called a Halt.
All these requests were granted by the
COURT but when Foreman Deming Z.
smith. on behalf of the jury, asked that
yeIIain portions OF the summing-Up ad-
Dress by Dolphin NJ. Delmas be read. Jus
nee Fitzgerald called a halt. He admon-
sled the jurors that they were to be
sulded only by the evidence and were not
entitled 10 hear again the closing speeches
Of the lawyers.
Harry Thaws family remained at the
court house until late in the night. Th2v
visited the defendant on several occa-
ooiN' III the prisoners pen on the floor
se me court room. Their purpose was
- oHeyr NM but ne appeared by far the
NEST cheerful Of the group. Thaw's con-
.ltul ar seems never to leave him for
e9 sFeat length of time. and buoyancy
vi spirit Is nearly always apparent.
Many Rumors AfIoat.
There were all sorts of rumors and
tuesses IN the air today as to how the
J1I! stood. There were more different re-
us as 10 the results of the ballots than
mere could possibly have been test
st.es taken. None had any degree of
9llnenllcity. Some We're uttered in lest
~ prominent figures connected with rb,l
Iiai and occasionally these We're taken
~ ueadly earnest by persons who over
Lfard them
IN. me action of the jury in twice going
utlUe Justice Fitzgerald 10 have certain
roltioAs OF the testimony read caused
1t.ueh speculation. 1t seemed evident that
ne jury deliberations were ninging on
wy question of the sanity or INSANITY of
IN ueiendant as shown BY the defense.
I'M JasV showed an almost startling ia
nr,,ildiIlE with the evidence. and The testi-
v-oHy they desired TO hear again TODAY
Nc, sven IN part by persons who were
80 referred 10 in the summing-un
attorney Jerome.
pisb143 me manner in which the Jurors
dr. 10 so over the evidence in an its
80 80 II was surmised that a verdict. II
tirei.e al all would be predicated en-
JhWr.tten Law"
inc is ne y. Fitzgerald spent the entire even
Of ~ ms ms chambers awaiting the pleasure