Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-12
THE THAW TRIAL.
Continued from Page One.)


Thaw; of Warren Paxton the engineer
OF the roof garden and other witnesses.
The action of the jury in asking for
the particular exhibits and the testl-
mony indicated, led to much specula-
ton.
One Of the widely discussed theories
was that the jurors either wanted to
refresh their memories as to testimony
tending to show either deliberatiOn or
generalization on the part of ThaW, or
else they wanted TO have the story Of
Thaw's actions the nit hit Of the tragedy
rehearsed once more in order that they
might judge as to his nationality or
irrationality. The suggestion of the
latter purpose seemed to be given
weight by the fact that the jury de-
sired to examine the letters, the will
and the codicil brought forward by the
defence in support Of its claim Of in
sanity.
1t was generally conceded that seri-
Gus differences Of opinion had develop
cd among the II men and that a YER
dict of any sort was still remote.
The examination Of the ThaT letters
and other documents will require much
time
Thaw faced his judges today with
every Indication Of confidence He Of
all the members Of his counsel and his
family is still hopeful Of a favorable
outcome. The best that his counsel eX-
pect is a disagreement Of the jury.
They have feared from the time the
jurors retired that there might he q
compromise among them Of some less
or degree Of guilty, than murder in
the first degree.
The action of the jury today in call
ing for the testimony did not inspire
the attorneys to any new hope.
After being locked up in their con
sultation room at II O'Clock last night
with nothing but hard chairs and 81
table 10 rest upon the jurors argued I'M
ceaSingly among themselves. The few
ballots which were taken. indicated. it
is said. that there was 4 wide divrrg-
once Of views.
Their confinement continued until Z
A. NJ when they Were marched to the
broadway Central Hotel for breakfast.
They locked pale and worn, but upon
their return two hours later their
Dropping spirits had somewhat revived.
Justice Fitzgerald arrived at the
court house shortly after 10 o'clock. He
had been preceded Il few minutes by
members Of the Thaw family, all Of
whom seemed detected.
Just before IL o'clock Justice FitZger-
aid received Il request from the jury
for exhibits and reading Of testimony.
Promptly at II o'clock the jury filed
into the court room. Only the members
of Thaw's family. his attorneys. Dis
trict Attorney Jerome and the report
ers We're allowed to enter.
In the gariSh light of the court room
the strain under which the Pink, No.
4, and Steele, No. 9, seemed especially
to have suffered in the long vigil. Their
companions, however, seemed to have
Jared but little better. They appeared
to keep awake only with the greatest
effort.
When Harry Thaw was called to the
bar he entered the room with Z quick
stride ana bright eyes. In his arms
We're half dozen Of the morning news
papers. which he had been reading. His
manner bore out the statements W his
counsel earlier in tn" day that Tina V
apparently was in better shap physical
~ than any other person concerned
with the trial.
TEaw bowed To his motlcr. his wife
his two sisters. tn" Countess Of Var
mouth and Mrs. Gcorgr Carnegie. ana
to his brothers. Edward ana Josiah
lie then entered into brisk CONVERSE
tion with his counsel.
Justice Fitzgerald in taking the
bench said:
II have received request from the
H., al .
possession of thu exhibits.
Mr.. jerome said: THE people have
no objection"
THE defence has none" said Daniel
O'Reilly. who seemed to be in charge
for the defence today.
Foreman Demng f. Smith Of tn.
jury stated that the jurors desired not
only the typcwrittcn copies of tho
Thaw letters, will and codicil, but the
originals as Wen. The papers Were
gathered together by Clerk Penny and
made into Il bundle.
The testimony of Dennis Wright
doorman of the 10Th precinct, was next
read to the jury.
The testimony of officer John An
tnOny was also read.
Justice Fitzgerald then announced
that the jury desired to have read the
testimony of various witnesses. The
first of these was Mycr Cohen. who
was quoted by Mr.. Dclmas when he
pictured Thaw as holding his arms out
in the shape OF cross after the shoot
ing. To enable the jury To follow the
testimony as it was read. the plan Of
the garden was held up before them
The reading of the testimony Of other
witnesses followed. 1t seemed that
there could be no longer any doubt but
that the rational or irrational conduct
of the defendant the night Of the homi-
eide was playing leading part in the
deliberations of the l. men who are Il
pass upon the fate of Whites slayer
While he was III the court room ThaW
handed a slip of paper to the report
ers' table.
On yesterday one Of the local papers
published n letter alleged to have been
written by White to May Mackenzie.
Thaws note which was on this sub
ject. read:
81 wish they had Ga more original
letters of the deceased"
Juror Oscar II. Pink delayed the