The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1907-04-13
Disagreement Expected
In the Thaw Trial.

Following a long drawn out trial
! for one of the most sensational kill
: ings in the history of New York, the
J Thaw, charged with murder for Stay
| ing Stanford White, noted architect.
J on the Madison Square roof garden
in June last, after celebrating up
wards of forty hours, yesterday an
nounced to the court that the mem
/ bers were unable TO agree, and the
! jury was discharged from further
! service.
The disagreement of the jury was
, no surprise. On the contrary such a
/ conclusion of the case had been con-
fidently expected by many, and it is
doubtful if even the eminent counsel
that conducted the defense of Thaw
expected to do more than to avert
verdict of guilty as charged, with the
consequent extreme penalty. The
only hope of defense lay in the plea
of insanity at the time the. act was
committed. and the fact that Thaw
had been declared sane by commits
sion in lunacy appointed by the court
probably had its effect in strengthen.
ing some members of the jury in the
belief that he was perfectly account
able when the deed was committed.
Those who have followed the testi-
mony in this celebrated case careful
~ will undoubtedly agree that, in
view of all the facts as presented by
both sides, 1t would be hard matter
J 70 find twelve men who could reach
, a verdict of either guilt or innocence.
In the first place, the evidence, eX
cepting as to the actual killing, was
of most contradictory nature, such
as would tend to confuse; the Grim.
son life story of Evelyn Nesbit Thaw
undoubtedly had its effect upon the
jury and probably, in great measure,
eXerted an influence with some of the
jurors that was favorable 10 the
prisoner; the charge of the judge was
plain and forceful, leaving absolute
~ nothing of the 'SunwrItten law"
upon which a verdict coulu be based. |
and which WAS implied when Attorney
Delmas referred TO the disease from
which Thaw was suffering when he
killed White as 'dementia Ameri- |
cano." The testimony of the alien. |
fists was Of no value to the jury and |
only served to muddle them.
Whether Thaw will ever be tried |
again is a question that only time can !
answer. District Attorney Jerome has |
done everything in his power TO Sc /
cure a verdict and has found him
self baffled- Every scintiIla of evil /
dence has been procured and sifted |
and nothing remains but to rehash |
the whole matter before another jury
with little hope that definite con-
clusiOn will be reached. In addition |
TO this, the trial has cost an immense |
amount of money and the chances !
are. if a second trial is ordered. it |
will be even more freely expended !
And again, there is public sentiment |
and public sentiment, in this par. |
ticular Instance, has been aroused 10 |
pity by the pathetic story of the pris |
oner's wife and there is but little /
question that verdict OF not guilty |
would have been hailed as Just by a |
goodly proportion of the people /
throughout the length and breadth of |
the land. if not by a majority of them.
Atlanta had a killing frost Thurs
day morning. An Atlanta editor
scored scoop by getting a frost at
Chattanooga on Wednesday night.