Waterbury evening Democrat., 1907-04-13


 of his people as he passed them. His mother seemed to be on the point of calling to him and raised her hand in gesture of command, but instantly dropped 1t as if on second thought. Then she rose up. stern and erect and proud, and marched out, followed by her daughters and her sons. To the very last she had played the role of the Spartan woman.
 The jury were hopelessly divided. seven for verdict of guilty of murder in the first degree and five for acquit- tai on the ground of insanity. Attorney Gleason said:
 1.-The disagreement of the jury was disappointing, of course. It was un- fortunate, the insistence upon the un- written law characterized as 'dementia Americana If instead of this counsel had dwelt upon the statutory insanity | of Mir. Thaw. which was plainly proved, MT. Thaw might have been acquitted"
 Mrs. William Thaw, mother of the prisoner, sent out the following mes sage:
 Mrs Thaw has nothing to say. She l has made no statement since she has been in New York, neither will she make any"
 l Mrs. Evelyn Nesbit Thaw said:
 ''I can't understand it. I don't see ! why they couldn't have come to some agreement"
 1 A reporter said to Mrs. .Thaw, "The 1 jury stood seven to five for convic- 1 tion."
 1T don't believe it." she cried emphat- ically. ''They ought to have acquitted him on the evidence"
 The jurors in body rode in an ele- vator to the top of the building. where they scattered, descending by different routes to the ground floor. in the hope of evading the different reporters who waited for them. Several of them got away altogether. and others were halted by importuning newspaper men, At first all of them refused to talk for publication. Later few facts of the secret history of what had happened in the jury room began to come out Immediately after court adjourned Evelyn Thaw, pale as sheet, was half carried to m elevator by Dan Moire, MT. Hartridge's assistant, and taken upstairs to the prison pen, where she joined her husband. Five minutes later the other members of the family 1 also reached the prison pen. After a short, hurried consultation, in which Mrs. William Thaw is said to have expressed her bitter disappointment that there had not been an acquittal, the mother, sisters and brothers went away in their automobiles, leaving the 1 young wife with her husband.
 Mir Jerome made this statement: "Since a majority of the jury favored murder in the first degree, it is not possible that Thaw can be bailed out, and it is equally certain that he must ; be tried again on the indictment. The Tombs has now thirty-four persons charged with homicide whose trials must take precedence over this. liar ! ry Thaw has had his day in court, and these men are certainly entitled to theirs. It will probably be next No- i vember before this case can be reach ed again."
 Forty-eight hours of deliberation on the evidence for and against Harry K. Thaw failed to bring the twelve men with whom rested the young Pitts burgers fate to an agreement as to his guilt or innocence.
 i Thaw did not get to sleep, according to his keepers until o'clock in the morning. Then he tossed restlessly un- til his keepers awoke him at twenty minutes before o'clock. Thaw was taken over the Bridge of Sighs to the room that is used by the sheriff s guards. He read the papers with avid. ity and said that he was confident of the outcome.
 When Mrs. Evelyn Thaw left the court building to go to luncheon she was all but mobbed. and several scores of policemen had to make way for her through the curious throngs.
 Mrs. William Thaw and her sons, Edward and Josiah, were at the court house early and as soon as they were permitted visited the defendant in the prisoners pen. They found him cheer full as usual, absolutely refusing to feel depressed over the outlook.
 Harry Thaw gave out the following statement:
 "I wish the jury and every one else to understand that no one more de- spises q person who carries conceal. ed weapon than I.
 That only after my life was in jeop. ardy. as was informed by some per. sons and as was communicated to me by professional detectives, did I pro tect myself.
 "In this trial wish my case solely and simply based upon the law of the state and upon the evidence. which had convinced not only me as I re viewed all this evidence. but also the district attorney. that I am innocent under the written law of the state" It is said that application for bal will be made today in the sum of s1OO. GOO. but District Attorney Jerome will oppose any attempt by counsel fol Thaw to have him released on bail.
 That the jurors had taken no stoci in the "brain storm theory and had paid little attention to the testimony of the alIenIsts for prosecution or de fense was revealed by utterances o' the jurors since their release. It als' was asserted that the question of thu | ..x~s.so,, fovr- had mt hoon rafao<