Los Angeles herald., 1907-02-15
JURORS IN THE
THAW MURDER
TRIAL EXCUSED
Death of Mrs. Bolton
Causes Delay
Pathetic Scene Occurs In Court Room
When Judge Tells Twelve Men
They May Return
Home
BY Associated Press.

BY Associated Press.
NEW YORK, Feb. 14.-Another
tragic chapter in the history of the
Thaw-White episode was written today,
when death stepped in to halt the
famous trial.
The wife of Juror Joseph Bolton died
this afternoon soon after her husband
had reached her bedside. He had been
summoned from the court room where
the trial had been In progress for less
than fifteen minutes.
The formal announcement of Mrs.
Bottoms death was made in court
shortly after 2 p. M. the hour set for
the afternoon session, and Justice Fitz-
gerald Immediately ordered an adjourn
ment of the case until next Monday
morning. The court also ordered, with
the consent of counsel, that the other
eleven jurors be given their liberty and
no longer be held together. He ad-
monished the jurors to be guided by
their honesty and their oaths, and not
to read the newspapers or to discuss
the Thaw case with anybody.
The death of Juror Bottoms wife had
a depressing effect on every one con-
nected with the trial.
Pathetic Scene Follows
The prisoner seemed to feel the matter
keenly when he was brought into court
to hear the formal announcement of a
postponement. The fact that the jur-
ors have been kept in close confinement
since they were selected for trial SER
vice and that Mr.. Bolton had been al
lowed to visit his home only three
times during his wife's illness. lent a
pathetic aspect and the greatest SYM
pathy was felt on all sides.
During the brief morning session,
when Mr.. Bolton had taken his place
in the box, Thaw fixed the juror with
his gaze as he entered. 1t was not
stare of curiosity or concern as to his
own welfare that the defendant turned
on the juryman, but there seemed
rather to be a light of sympathy in the
eyes of the man accused Of murder
Mrs. Bolton suffered from pneumonia.
Her condition became serious in the
morning, when the session of the trial
was abandoned to allow the juror to
visit his home, far up in the Bronx
Bolton was accompanied by two other
jurymen and by two court officers.
Mrs. Bolton Rallies
The law provides that no one juror
others. Mrs. Bolton rallied yesterday
afternoon, her husband returned to his
place and the trial progressed. When
the court recessed at 10:30 o'clock this
morning Mr.. Bolton was again in seat
No. II, but it was stated that his wife's
condition was critical and he might be
called at any moment.
DR.. Evans, superintendent of the
New Jersey state hospital for the in
sane, was called as an alienist to con-
tinue his direct examination The
witness was asked to detail the con-
versations he had had on various occa-
sions with Thaw in the Tombs.
He had already declared these con-
versations to be an essential feature
In his conclusions that Thaw was of
unsound mind at the time of the doc
tors first three visits to him, the last
being on September %.
Mr. Jerome had withdrawn his OBJ
jections to the statements of ThaW 60
ing into evidence and DR.. Evans was
about to detail the events of his first
visit on August 4. when the summons
for Juryman Bolton came A recess
was taken until p. M, and the juror
accompanied by two of his associates
and two court officers, hurried to his
home in the Bronx, where Mrs Bolton
was being kept alive only by the use
of oxygen.
Mrs. Bolton Passes Away
She died soon after her husbands
arrival. In releasing the jurors at the
afternoon session Justice Fitzgerald
took pains to state that the rule keep
ing them together had not been adopted
on the separate recommendation of
either side, but was the result of an
agreement based on reasons which ap-
peared excellent alike to the interests
of the defendant and the people, There
was intended not the slightest reflection
on the jury in any way,
1t would have been well, Justice FitZ-
gerald said if the rule could have been
adhered to until the close of the trial.
but the sad incident had brought about
a condition which must be confronted.
In announcing the adjournment until
Monday Justice Fitzgerald expressed
the hope that the trial might eventually
proceed. He realized, however, that
would depend largely upon the Condi-
ton in which Juror Bolton may be at
that time. If he feels that he can put
aside all personal considerations and
continue to act as a juror the trial will
be resumed. If he feels that his condi-
tion of mind is such, or that his per-
sonal affairs are such, as to prevent his
giving his whole attention to the case
during the remaining days of the trial
some other solution of the difficulty
must be looked for