Los Angeles herald., 1907-04-13


desree-Deming r. Smith, foreman;
George Pfan, Charles IT. Fecke Harry
G. Brearley, Charles u. Newton, Joseph
3. Bolton and Bernard Gerstman.
For acquittal on the grounds Of in
sanity-Oscar A. Pink, Henry G. Har-
ney, Malcolm S. Fraser, Wilbur r.
steele and John S. Denne.
Juror Tells story
Juror Harvey said:
About ten minutes after we reached
the jury room we took the first ballot
and II resulted In a vote of eight for
conviction Of murder in the first degree
and four for acquittal. The men who
voted for conviction were Smith, fore
man; Pfaff, Fecke, Brearley, Denne,
Bolton and Gerstman. The men who
voted to set Thaw free were Pink, Har-
ney, Fraser and Steele.
Thirty minutes elapsed before the
second ballot was taken and then the
votes remained unchanged.
"A third ballot was taken at 9:45
p. m. on this question, and there was
no change. There was considerable
discussion among the men, but most of
the night hours were spent in sleep and
no ballot was taken until 4:30 the fol-
lowing (Thursday) afternoon. This was
several hours after the jury had APP
pealed for a rereading 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 acquittal, but of the rest
Bernard Gerstman, the twelfth Juror,
changed his vote from murder in the
first degree to that of manslaughter in
the first degree.
Decided Change
about two hours later a fifth ballot
was taken and this showed a decided
change on the part of the jurors who
voted for conviction. 1t also proved
that the effect of the four jurors who
voted for an acquittal had not been al
together in vain, for they succeeded In
winning over to their side Juror Denne,
who up to that time had voted for con-
viction.
"The jurors, with the exception of
George Pfaff, who had voted for muir
der in the first degree, decided that
Thaw was only guilty of manslaughter
in the first degree.
"The sixth ballot was taken at 1925
o'clock Thursday night and remained
unchanged. After that there was no
ballot until 1920 o'clock this afternoon,
when all the jurors showed they were
of the same mind as before, excepting
Brearley, who in addition to voting for
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
at 3:45 o'clock this AFTERNOON and
showed a most remarkable change IN
the entire jury. The five men who had
voted for an absolute acquittal changed
their ballots to that of not guilty on
the ground of insanity in the hope of
over their colleagues but the
remainder Of the jury, all or whom,
with the exception of George Pfaff,
had voted for a verdict of manslaugh-
ter. made up their minds that Thaw
was guilty Of murder in the first de-
gree and voted accordingly. This prac-
tically ended the deliberations of the
Jury and the jurors, arriving at the con-
,lusion that they could never agree.
asked to be discharged.
Pfaff Stands Pat
"It will be noticed that the only man
who voted consistently according to his
first opinion was George Pfaf, VINO
from the first ballot adhered to his be- |
lief that Harry Thaw was guilty of |
murder in the first degree. Equally as
consistent in their belief to the con-
trary were Jurors Pink, Harney, Fraser |
and Steele, who from the very outset |
that Thaw was not guilty. |
These four men, however, slightly |
their belief on the last ballot, |
when, in the hope OF winning over
their companions, they conceded to ac-
quit the defendant on the ground Of
insanity. /
1.-THE sessions of the jury were not
pleasant and peaceful. There
were many arguments, and at one time
charges of inconsistency and breaking |
faith with the orders of the court were |
made, but at no point of the delibera- |
tions did the foreman lose control of |
the situation. He successfully held the |
twelve men in check and was the first |
to suggest, when 1t was evident that |
being reached, to report the matter to |
Justice Fitzgerald and leave the fur |
ther disposition of the case to his judg- |
ment."
Wilbur r. Steele said:
'"There was plenty of disagreement |
between the opinions expressed by the
jurors. We considered insanity in
many phases, but did not give the SUBJ
ject of wronged womanhood any length
in debate; in fact, scarcely any. 1t
was touched upon and quickly dropped.
The question which was considered at
length was whether Thaw was
insane at the moment he shot and
killed Stanford White and whether at
that moment he was responsible for
his actions"
Juror Bottoms Statement
Juror Joseph B. Bolton said:
There was no question of the un-
written law or of 'dementia- Ameri,
cana in our deliberations. We consid-
cred the case from purely legal stand
point. We were not swayed by emo
ton"
1.-THE jury, when considering the case,