The free lance. (Fredericksburg, Va.) 1885-1926, 1907-04-16

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until feN minutes before, he had
hoped that he was about to quit for
ever
Thaw. when he had returned TO the
Tombs prepared and gave out the fol
lowing statement.
81 believe that every man In the
Jury possessing average intelligence,
excepting possibly Mr.. Bolton. compre-
bend the weight OF evidence and bal
Anced 1t for acquittal. All my family
bid me goodbye with courage. | trust
ID W. we may all keep well"
TO his attorneys Thaw said he was
deeply disappointed.
But could hardly expect anything
else in view of the events OF the past
few days" he added
Earlier in the day Thaw had given
out another statement in which he
said he had desired that his fate
should be judged upon the written
laws OF the state Of New York. He de
clared that the evidence adduced had
convinced even District Attorney Je.
rome of his innocence under the strict
letter OF the law.
How the Jury Voted.
The story OF the proceedings In the
Jury room as they were learned far
outranged In interest the brief court
proceeding which brought the famous
trial to a close. II developed that the
Jury had considered everything con.
nected with the case except the UNI
written law" Easing their judgment
entirely upon the evidence they voted
either for or against murder In the
first degree when they cast their first
ballots. The first vote was to In
favor Of conviction. Then the jury
tried TO reach common ground upon
a verdict OF manslaughter in the first
degree. the punishment for which
ranges 20 a maximum OF 20 years i'm
prisonment. The men in favor OF ac-
quittal largely on the ground OF In
sanity. il is said-wOuld not change
their ballots, and In the end won over
20 their side one OF the eight who
favored conviction During the nearly
4S hours OF deliberatiOn only eight
ballots were cast. The jury spent the
two night sessions doing in their
chairs. The entire story OF what tran
spired in the jury room from the time
the - men retired at 5.17 o'clock on
Wednesday afternoon until they finally
decided that the prospects OF YER
dict were too remote to warrant longer
discussion OF the facts. was told by one
of the jurors Henry c. Harvey. No. 3,
a manufacturer OF pianos. The Anal
ballot-taken just before the jury re-
ported it's disagreement In court, was
as follows
For conviction of murder. first de-
gree Messrs Deming B. Smith. fore
man: George Pfaff, No. 2, Charles II.
Fecke. No 3, Harry c. Brearley, No.
6: Charles D. Newton. No. S; Joseph
3. Bolton. No. II, and Bernard Gerst-
man. No -
For acquittal. on the ground OF In
sanity-Messrs Oscar A. Pink, No. A.;
Henry c. Harvey. No. 5; Malcolm S.
Eraser. No. :; Wilbur F. Steele. No. ?.
and John 5. Denee. No. 10.
Mr.. Bolton is the juror whose wife
died during the trial while the jury
was being kept under lock and key.
Juror Hsrney's Story.
Juror Harvey said About 10 min
utes after reaching the jury room we
took the first ballot. and 1t resulted
in a vote OF eight for conviction OF
murder In the FIRST degree and four for
absolute acquittal. The men who voted
for conviction were: Smith. foreman
Pfan. Focke. Brearley. Dennee, Bolton.
Newton and Gerstman.
"The men who voted to set free
were Pink. Harvey. Fraser and Steele.
Thirty minutes elapsed before an
other ballot was taken. and then the
votes remained unchanged. A third
ballot was taken at 945 p. m. on We'd
nesday. and still there was no change
in the opinions OF the jurors. There
after there was a considerable discus
sion among the men. but most OF the
night hours were spent in sleep, and
no ballot was taken until 4.30 o'clock
the following Thursday afternoon.
This was several hours after the jury
had appealed to the court for a re-
reading OF the testimony given by eye
witnesses OF the tragedy. The fourth
ballot marked one change In the vote.
Four of the Jurors still held out for an
acauittal. but of the rest. Bernard
Gerstman, the 18th juror, changed his
vote from murder in the first degree
to that Of manslaughter in the first
degree. About two hours later nth
ballot was taken. and this showed q
decided change on the part OF the jur-
ors who voted for conviction. IL also
proved that the effort of the four jur
ors who voted for an acquittal had not
been altogether in vain. for they sue
ceedod in winning over to their side
Juror Denee. 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 manslaughter In
the first degree The sixth ballot was
taken al 9.25 o'clock Thursday night,
and remained unchanged. After that
there was no ballot until 1920 O'Clock
Friday afternoon. when-all of the jur-
ors showed that they were of the same
mind as before excepting Brearley
who. in addition to voting for man
slaughter in the first degree, added
that the defendant should be recon-
mended to the mercy of the court.
"The eighth and last ballot was
taken al 3f5 O'Clock Friday afternoon
and showed most remarkable change
in the entire jury. The five men who
had voted for an ABSOLUTE acquittal
changed then ballot to that Of not
guilty on the ground Of insanity In the
hope OF winning over their colleagues.
but the remainder of the jury, all OF
whom with tho execution of George