The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-13

| courts building only a few hundred
| persons were gathered. Thousands
| had been there earlier in the day, but
police reinforcements had arrived
| with instructions to keep every one
| moving, and this had soon tired the
idly curious into a willingness to de-
part.
The court room itself was half
empty. Only the newspaper men, the
court attaches and a few favored
friends were allowed to enter to hear
the verdict. Justice Fitzgerald feared
demonstration of some sort should
the general public be admitted and he
gave strict orders against this.
1t was APPS o'clock when the jury
filled into the court room.
Harry Thaw had been waiting for
summons to face the jurors ever since
shortly after 10 o'clock. He felt that
the day would bring a crisis. and
either a verdict would be reached or
Justice Fitzgerald would discharge the
jurors from any further consideration
Of this case. This was the general be-
lief and the only remarkable feature
of the case was the logged manner in
which the jurors continued at their
task and declined to ask to be ex-
cused.
Justice FITZGERALD had determined to
let them fight it out among them
selves until they should call for as
sistance. This appeal came at AIS
o'clock, and then followed a hunt for
counsel. both District Attorney Jerome
and the attorneys for the defendant
having temporarily left the building.
When they arrived. Justice Fitzgerald
notified them of the jury's communi-
cation that a disagreement seemed in
evitable.
Everyone connected with the case
seemed willing to accept the situation
as one offering no hope, and then fol-
lowed the brief court room proceed
ings at which the disagreement was
publicly announced. the jury dis
missed and the prisoner remanded.
Entering the court room at 4;25 p m.
the jury was free eight minutes later.
No More "Dementia Americana"
Thaw, when he returned to the
Tombs, gave out the following state
ment:
ct believe that every man in the
jury possessing average intelligence,
excepting Mr.. Bolton, comprehended
the weight of evidence and balanced
it for acquittal. All my family bid me
goodby with courage. 1 trust Cd. w
we may all keep we'll"
To his attorneys Thaw said he was
deeply disappointed.
But I could hardly expect any
thing else in view of the events of the
last few days" he added.
Earlier in the day Thaw had given |
out another statement in which he |
said he had desired that his fate
should be judged on the written" |
laws of the state of New York. He de- |
clared that he believed the evidence |
adduced convinced even District At |
torney Jerome of his innocence under |
the strict letter of the law
Attorney Dolphin NJ. Delmas. who |
conducted Thaw's case in court and who |
in making his summing up address to |
the jury appealed almost directly to the
"unwrittsn law or "dementia Ameri- |
cana." as he termed it. was not in court |
when the jury made its report and was
discharged.
of record and warm personal friend of
Thaw, gave thu following statement to |
the Associated Press:
"NIr Thaw has already expressed |
in accordance with the laws of the state
of New York. can add nothing to |
that except to say that 1 entirely agree |
with him and hone that we shall have |
a new trial speedily and that the next |
time it will not be necessary for the |
presiding Judge to have to charge the |
Jury that We are living in a civilized |
Jury Ignored Unwritten Law.
Attorneys Daniel O'Reily, Clifford w.
A. Russell Peabody and
John B. Gleason acted for Thaw. It
was said that Mr.. O'Reilly would have
a leading part in the future:
The story of the proceedings In the
Jury room as they We're learned, far
Dutranked in interest the brief court
proceedings which brought the famous
trial to n close. 1t developed that the
Jury had considered everything con-
nected with the case except 1.-The I'M
written law Blsing their Judgment en-
tirely on the evidence they voted either
for CT against murder in the hrst de-
gree when they cast their first ballot.
The first vote was to 4, in favor of
conviction.
Then the jury tried to reach a COM
mon ground on a verdict of man
slaughter III the first degree, the pun
shment for which ranges to a maxi
mum of 20 years imp isonment. The
men in favor of acquittal-largely on
/ :
would not change their ballots. and in {
he end won over to their side one of
The eight who favored conviction.
During the nearly 4s hours of delibera-
ion only eight ballots were cast. The
Jury spent the two night sessions doz-
ng in their chairs.
The entire story of what happened .
n the 5ury room from the time the
welve men retired at 5:17 o'clock on t
Wednesday afternoon until they final y
Y decided that prospects of a verdict
we're too remote to warrant longer
discussion of the facts was told by one
# the jurors, Henry c. Harvey. =
Story of the Ballots.
The final ballot, taken just before
he jury reported Its disagreement in r
curt, was as follows:
For conviction of murder in the r
rst degree-Deming B. Smith, fore v
Tecke, No. 8; Harry c. Brearley, No. V
!; Charles D. Newton. No. 8; Joseph /
3. Bolton. No. IL, and Bernard Gerst-
nan, No. IL. t
For acquittal on the ground of in O
A. Pink, No. 4; Henry v
:. Harvey, No. 5; Malcolm S. Fraser, r
70. z; Wilbur F. Steele, No. 8, and
ohm S. Dennee, No. 10. G
Juror Harvey said: t
about ten minutes after we reach e
d the jury room we took the first =
allot and it resulted in vote of eight j
or conviction of murder in the first s
egree and four for absolute acquittal I
he men who voted for conviction 5
Tere: Smith, foreman; Pfaff Fecke L
srearley, Deenee, Bolton. Newton and {