Smyrna times., 1907-04-17


permitted to speak with him for a few
moments to bid him be of good cheer,
before he crossed the Bridge of
Sighs' to the cell in the prison, which,
until a few minutes before, he had
hoped that he was about to quit for
ever
Thaw, when he had returned to the
Tombs prepared and gave out the fol
lowing statement:
81 believe that every man in the
Jury possessing average intelligence,
excepting possibly Mr.. Bolton, cOmpre-
bend the weight of evidence and bal
anced it for acquittal. All my family
bid me goodbye with courage. l trust
I'd. W we may all keep WE'LL
To his attorneys Thaw said he was
deeply disappointed.
But could hardly expect anything
else in view of the events of the past
few days." he added.
How the Jury Voted.
The story of the proceedings in the
jury room as they were learned far
outranged in interest the brief court
proceeding which brought the famous
trial to close. 1t developed that the
jury had considered everything con.
nected with the case except "the un.
written law" Basing their judgment
entirely upon the evidence they voted
either for or against murder in the
first degree when they cast their first
ballots. The first vote was to in
favor of conviction. Then the jury
tried to reach a common ground upon
a verdict of manslaughter in the first
degree, the punishment for which
ranges to a maximum of 20 years i'm
prisonment. The men in favor of ac.
quittal-largely on the ground of in
sanity, it is said-would not change
their ballots, and in the end won over
to their side one of the eight who
favored conviction. During the nearly
48 hours of deliberation only eight
ballots were casty The jury spent the
two night sessions dczing in theiI
chairs. The ertire story of what tran.
spired in the jury room from the time
the II men retired at SIT o'clock on
! Wednesday afternoon until they finally
decided that the prospects of yer.
dict were too remote to warrant longer
discussion of the facts. was told by one
of the jurors, Henry c. Harvey. No. 5.
a manufacturer of pianos. The final
ballot-taken just before the jury re
ported it's disagreement in court, was
as follows:
For conviction of murder, first de.
| gree-Messrs. Deming B. Smith fore
man; George Pfaff, No. 2; Charles H.
| Fecke, No. 8; Harry C. Brearley, No
6; Charles D. Newton, No. 8; Joseph
| B. Bolton. No. II, and Bernard Gerst.
man, No. u.
For acquittal, on the ground of in.
sanity-Messrs. Oscar A. Pink, No 4;
Henry c. Harvey, No. 5; Malcolm S
Fraser, No. Z; Wilbur F. Steele, No. g.
and John S. Denee, No. 10.
Mr.. Bolton is the juror whose wife
died during the trial while the jury
was being kept under lock and key
Juror Harney's Story.
Juror Harney said: About 10 min.
utes after reaching the jury room we
took the first ballot, and it resulted
in a vote of eight for conviction OF
murder in the first degree and four fol-
absolute acquittal. The men who voted
for conviction were: Smith, foreman;
Pfaff, Fecke, Brearley, Dennee. Bolton
Newton and Gerstman.
"The men who voted to set free
were Pink, Harvey, Fraser and Steele.
Thirty minutes elapsed before an
other ballot was taken, and then the
votes remained unchanged. A third
ballot was taken at 9.45 p. m. on Wed.
nesday, and still there was no change
in the opinions of the jurors. There.
after there was a considerable discus
sion among the men, but most of the
night hours were spent in sleep, and
no ballot was taken until 4.30 O'Clock
the following Thursday afternoon
This was several hours after<the jury
had appealed to the court for a re
reading 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 al
acquittal, but of the rest, Bernard
Gerstman, the 18th juror, changed his
vote from murder in the first degree
to that of manslaughter in the frs
degree. About two hours later a fiftf
ballot was taken, and this showed
decided change on the part of the jur
ors who voted for conviction. 1t alst
proved that the effort of the four jur
ors who voted for an acquittal had no
been altogether in vain, for they sue
ceeded in winning over to their sid,
Juror Denee. who up to that time hat
voted for conviction. The rest of tn,
jurors, with the exception of Georg
Pfaff, who had voted for murder il
) the first degree, decided that Thay
was only guilty of manslaughter il
the first degree. The sixth ballot wa
taken at 9.25 o'clock Thursday night
and remained unchanged. After tina
there was no ballot until 1920 o'clocI
, Friday afternoon, when all of the jul
ors showed that they were of the sam
mind as before exceDtinR Brearlex