The Birmingham age-herald., 1907-04-13
Seven Stood for a Verdict of Guilty and Five Stood
 for AcquitlaI
THAW, DISAPPOINTED,
 RETURNS ID THE TOMBS
Attorneys Will Confer With Prisoner Today to Determine on Future Course-Jerome Will
 Fight Bail.

New York, April 12.--Hopelessly divided seven for verdict of guilty of murder in the first degree and five for acquittal, on the ground of insanity--the jury which since January 23 has been trying Harry K. Thaw reported today, after forty-seven hours and eight minutes of deliberation, that it could not possibly agree. The twelve men were promptly discharged by Justice Fitzgerald, who declared that he, too, believed their task hopeless. Thaw was remanded to the Tonbs without bail 10 await a second trial on the charge ot murder.
 When this new trial will take place no one connected with the case could to- night express an opinion.
 District Attorney Jerome declared that there were many other persons accused of homicide awaiting trial and that Thaw would have to take his turn. As to a possible change of venue, both the district attorney and counsel for Thaw declared they would make no such move. Thaw's attorneys will have a conference tonlor- row with the prisoner to decide upon their next step. They may make an early ap- plication for bail. MT. Jerome said that he will strenuously oppose it. He added that as seven of the jurors had voted for guilty his opposition probably would be successful. In that event Thaw has another long term before him in the city prison, for his case on the already crowded criminal calendar cannot pos sibly be reached until fall.
 The scenes attending the announce 1a,nf f1saf ff1.x of itef were robbed of theatricalism by the gen. eral belief that after their long deliber- ations and reports Of c wide difference of opinion that the jurors would make no e.t'rr report. 'sAp sa SEss N <.
 Receives News ln Silence.
 Thaw, surrounded by the members of his faimly, received the news in abso- lute silence.
 When it became known that the jury was about to report Thaw called his wife to a seat by his side and sat with his right arm thrown about her until he was commanded to stand and face the jury. Smiling and confident as he entered the court room, he sank Imply into his chair when Foreman Denling B. Smith, in re- sponse to a question by Clerk Henny, as to whether verdict had been agreed upon, said:
 We have not"
 
 hind dense veil of black, sat stolid and motionless. Il i'll health of late she had felt severely the strain of the long hours of anxious waiting. The wife gripped her husbands hand tightly as the jury fore man spoke, and when he sank down by her side she tried to cheer him as best she could by saying that she believed he would now be admitted to bail and that second jury would surely set him free.
 Ax.,,.,
 The mother, sisters and brothers pale and we'll nigh exhausted by their tedious nerve-racking wait for verdict, smiled weakly at Thaw as he was led away again to the Toms They were permitt- ted to speak with him for few moments to bid him be of good cheer before he crossed the Bridge of Signs" to the cell a few minutes before, from which he had stepped with the hope that he was about to quit it forever.
 Outside the big criminal courts building only a few hundred persons were gath cred. Thousands had been there earlier in the day, but the police had instructions to keep everyone moving, and this soon removed the idly curious.
 Only the reporters, the court attaches and a few favored friends were allowed in the court room to hear the jury's re- port.
 It was 4:25 o'clock when the jury filed in. The afternoon was dark and rainy and the electric bulbs had been glowing for an hour or more.
 Harry Thaw had been waiting for d summons to face the jurors since morn- ing. He felt that today would bring a crisis, and that either verdict would be reached or Justice Fitzgerald would dis charge the jurors.
 The only remarkable feature of the case was the dogged manner in which the 4rr..r. 1AA1 x.11 %, ..<.y-
 Attorneys Called.
 Justice Fitzgerald had determined to let them fight 1t out among themselves until they should call for assistance This ap- peal came at 415 o'clock, and then fol- lowed 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 communication that a disagreement seemed inevitable Everyone connected with the case seemed willing to accept the situation as offering no hope, and then followed the brief court room pro- ceedings at which the disagreement was publicly announced The jury dismissed and the prisoner remanded. Entering the court room at 4:25, the jury was free eight minutes later
 Thaw, when he had returned to the
 
 ment:
 ''I believe that every man in the jury possessing average intelligence, except ing possibly Mir. Bolton, comprehended the weight If evidence and balanced 1t for acquittal. All my family bid me good bye with courage. I trust we may all keep we'll"
 Thaw Is Disappointed.
 To his attorneys Thaw said he was deeply disappointed.
 But I could hardly expect anything else in view of the events of the past few days" he added. Earlier in the day Thaw had given out another statement fin which he stated he had desired that his sate should be judged upon 'the writ ten'' law of the state of New York. He declared that he believed that the evil , dence had convinced even District Attor- ney Jerome of his innocence under the strict letter of the law. Attorney Delmas of California who in making his sum-