Evening journal., 1907-04-11
JURORS WRESTLE
WITH THAW CASE
Slept on the Case Over Night
After Inability to Agree
On Verdict

stanford White, was iOckcd up shortly
before midnight OF yesterday The
Jurors, Il was said, were divided hope
lessly on the question Of Thaw's guilt.
and when II became apparent that no
verdict would be reached. or. N on @
were found. the hndins would take
many hours, Justlce Fitzgerald ordered
that the twelve men be locked mp and
that they report in the Criminal Branch
OF the Supreme Cour: this morning.
IL was shortly after II o'clock that
the jurors sent word 10 Justice Fitz-
gerald by telephone that there was no
possibility OF agreeing durinr the nigh.
and IT was then he directsd they be
locked up
There was also a rumor that the jury
stood s for acauittal 20 ( Cor convic.
tion and that the four Jurors who were
holding out for conviction favored q
verdict that would curry with II a
penalty less severe than death. Those
jurors it was said, included Benning
B Smith, the foreman and Malcolm
IS. Fraser
The jury had been out three hours.
when. at li3O o'clock Captain Lynch.
who has Il In charge told District At
torney Jerome that Justice Fitzgerald
had given instructions by telephone
that he should lock the jurors up fo-
the night. Jerome made no objection.
Opinion was expressed in his office tnat
there wolld be 40 further communica-
ton between the jury and Justice
Fitagerall until 10 O'Clock this morn-
Ing, when court VIII reconvene.
I
alr. Hartridge Of counsel for Thaw
liat there was no chance o. verdict
being given before this morning. ami
Hartridge in turn to1 'rhaw In the
prisoners pen I'm the courtroom. Pre-
paration was made az once to take
Thmw back to his ceM in the Tombs.
The failure Of the Jury to reach an
early decision was "a great disappuint-
ment to him IN one way, because he
had been confident OF an early acqult-
tai. On the other hand. he found com
fort Ia the fact that II the jurors were
not IA a hurry TO acquit him they were
equally unwilling 20 convict him Of
hand.
Before going back 10 his ceh Thav
took an affectlonate leave Of his wife,
his sister, the Duchess OF Yarmouth,
and his brother Josiah. who had re-
mained with him throughout the ter
rable hours Of waiting Tor the verdict.
Before entering an automobile TO be
taken to the Hotel Lorraine they eX-
pressed to him their confident expecta-
tion that he would be acquitted.
Back to Bridge Of Signs
With pale face ana between two
deputy sheriffs. Thaw, stlll wearing his
long cvercoat passed across the Bridge
Of Siehs On his way through the
corridors of the Criminal Courts build
ing he smiled at the polieemen wlio
were there on guard. 7's ~
The lawyers for Thaw were so san
gune of the situation that shortly be-
fore midnight they gave out the infor-
nation that the jury stood 10 70 2 for
acquittal. That was refiftod. hawevee,
by positive Information that the jury
stood 10 4 for acquittal
Il Is probable that at o'clock this
morning the Jurors VIII be taken TO
the Broadway Central Hotel for break
fast Definite arrangements TO that
effect had not been made last night.
however, and Justice Fitzgerald may
direct that breakfast be served In the
Criminal Courts building
Fer seven hours Harry *. Thaw
waited I'm the prison pen for the jury
to agree. Early IN tho afternoon mis-
hope or acaulttal had run low, for IT
was rlain that District Attorney To-
rome, in his stunning up made a deem
impression on The twelve men. "'rhe
best Thaw should expect IS a Disagree
ment,' raid many listeners. The Dis
trlct Attorneys closing speech was re-
garded by those who heard Il as n
brilliant effort. and it was said that n
Thaw were convicted .he conviction
would be due IN large MEASURE to the
speech of the District Attorney.
AS soon as Jerome finished speaking
Justice Fitzgerald charged the jury.
His words did not tend To inrolre con-
fidence IN tho mind % the prisoner.
Though the charge was regarded as
cminently FAIR It was pointed ont that
II tho iurtEs. adhered strictly to the
law as laid down by the court there
was little chance that tho defendant
would go free.
Moekery Of Freedom
Even n found not guilty, n was as
serted the jury probably would advise
the court that the VI rdict Of acquit. al
was based on the ground that Tha "
had been insane at the time OF INC
shooting. and Justice Fitzgerald would
at once commit the prisoner to the
Mattcawan Asylum for the Criminal
Insane. where he wouii have to re-
t,,af,. tts,t1 t,ronotfneoT ptir.d
The hours during witch Thaw waited
Tor the jury 20 find a verdict were ter
rihle ones not only 10 him but to his
wife. his mother ana his sisters the
Countess Of Yarmouth and Mrs. Georgc
L. Carnegie. The prisoner had been
on the verge cf breaking down several
times when Jerome summed mp, and 4
was evident that he was fast giving
way under the strain. After the case
was given to the jury ThAw was taken
TO the prison pen. where he became sc
detected his wife hurried 10 his sid
IN an effort to cheer him.
Throughout the day Evelvn Nesbii
Thaw had chatted gaily with those
sitting near her. When Jerome de-
nounced her most bitterly she simply
smiled or shrugged her shoulders
doprecatlngly. Mrs. William ThaN
and her daughters however looked
anxiously at the jurors while Jerome
spoke. They realized that the fate OF
the one thev loved soon would be In
the hands of the twelve men. and Il
was auparent that they were exceed
ingly nervous. The strain upon them
Increased as the hours wore on and 80