New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-13

| made profound impression on the jury He
| is an orator" the juror said 'but he pre-
sented facts in lucid way. Mr. Delmas used
| fine words, that's all
Much sympathy was felt for Thaw's family
according to Mr.. Newton. but young Mrs. Tbaw
was not included in this. Her manner and dress
did appeal them.
Wilbur F. Steele. who was one of those who
stood for acquittaI from the very first. said that
the subject OF wronged womanhood didn't re-
ceive much consideration at the hands of the
| jury. The question was merely. Was Thaw rs
sponsibIe for his actions?
Deming B. Smith. the foreman Of the jury, was
so tired and nervous after his long ordeal that
he absolutely refused 10 give an interview.
Malcolm 5. Fraser talked briefly to the same
effect as others. and Oscar A. Pink when ap-
| preached replied: II have nothing to say I
have had enough 10 say in the last two days"
GLEASON CRITICISES DEL.MAS.
The criticisms Of Mr. Delmas expressed By
some of the jurors were outdone by John 3.
Gleason. one of the counsel for the defence.
Mr. Gleason. it was. who made the opening adj
drses for his side, as a result OF which there
was animated meeting of all the Thaw law
yers, at which he relegated to thinking
part for the rest of the trial. Mr.. Gleason has
| not been happy since. but apparently. he was
| not in fearful mood when he said the follow
ing over the telephone:
The disagreement Of the jury was brought
about solely by the unfortunate iusistence OF
Mr. Delmas upon the unwritten law, which hs
characterized as "Dementia Americana" Instead
of this If. in his summing up. he had called the
attention of the jury 10 the insanity of Mr..
Thaw, which plainly proven. Mr.. Thaw
would have been acquitted without doubt. The
argument used by Mr.. DeImas an invita-
ton to the jury TO eIectrocute Mr.. Thaw II they
had any regard for their Oaths."
Il have no wish to comment on these re-
marks. was the dignifed reply Of NIr, Delmas
when told at the University of California dinner
what his learned associate had said.
With reference to the disagreement OF the jury
and the probable course of Thaw's advisers all
Mr.. Delmas would say was that he knew no
/ more about the disagreement than the general
public ard that II too early to discuss plans
for the future. he was asked about rum9r
that he and DIessrs. Hartridge Peabody and
Gleason would retire from the case. leaving OF
present counsel only Dan" OReilly
'I have not withdrawn and I do not know that
the other gentlemen have" he replied.
THAw MAY CHANGE COUNSEL
Nevertheless there was a well defined ruraor
that there would be a change of counsel and
that certainly Mr. DeImas would be among
the missing. 1t was even said that Overtures
had already been made to Olcott Cfruber,
BOnynge q McNanUS, the firm which were
at first engaged. but which Thaw got rid of.
This however. could not be confirmed.
In spite OF rumors TO the contrary. there has
been much trouble among Thaw's lawyers and
the defendant is said TO have criticised some OF
them rather freely. Mr.. DeImas has been more
or less at Ioggerheads with the others. and now
that there seems to be a disposition to place
the blame for the practical failure Of Thaw's
defence on his shoulders It is not thought likely
that he Will care TO continue IN the case.
Dan O'ReilIy. who is more dipIomtio than
Mr. Gleason had little gentle criticism for Mr..
Delmas Il confess that I am Disappointed
he said 'I really expected an acquittaL Per
haps nOw in view OF the verdict. Mr. Delmas
made mistake IN using the term Americana
dementia.' But he made an honest effort, and is
might have been a mistake OF Judgment"
Mr.. OReilIy said that he would visit Thaw
early this morning and have q talk with him,
and that then some plan would be decided upon.
He said that the lawyers in the case would have
a conference to-day and decide on the question
of asking bail and related SUBJECTS Nothing
has been decided on in that direction as yet.
The lawyers expect that Mr.. Jerome viii oppose
any application for bail Mr., OReilly intimated
that after this he and Mr.. Peabody would hs~
ure more prominently in the case
THAw HEARS RESULT
at 4:3O o'clock The gossips about the court
corridors agreed that the jurors would probably
feel that they had done their duty If they re-
manned out until two full days deliberations
had been completed So it was hardly sur
prise when word came that the jury had sent
n message to the court that II had failed 20
reach an agreement
Justice FitzCserald left his private chambers
and ascended the bench. the jury He'd into theiE
seats and Thaw was brought in. Young Mrs.
Thaw was permitted TO sit beside him. and as
the Jury passed by her she smiled up into thsir
grim set faces. The prisoner had good control
of himself and appeared less agitated than
might have been expected, although. naturally
he was exceedingly paIlid-
Gentlemen OF the jury, nave you been able e
agree upon a verdict?' asked Clerk Penney.
We have not" replied Foreman Smith.
Jury and prisoner were standing. looking al
each other, as directed by the clerk Thaws
form seemed to contract; his wife's lips parted
in the manner that has become familiar aut
she seemed about to collapse.
THE JURY DISCHARGED.
Il have kept you together. gentlemen."-
the voice Of the court broke the stiffness ant
relieved the tenseness. I have kept you to
gether as long as 1 thought there was pOsst
biIity of your reaching a conclusion regarding
the case.
But now in view Of the statement that yos
cannot agree after being out so long. win dis
charge YOU
Before doing so. however. win first consul
the public prosecutor and the counsel for tn
defendant as to their views the matter"
Then Justice F1tzGerald asked Messrs. Hart
r{5ea O,T2eiIIv and Peabody and District At