The daily morning journal and courier., 1907-04-13
JURY DISACREES. Promptly Discharged and Thaw demanded to the Tombs Without Baltic
 Await a Second
 Trial. RIIT 0NrE NEAp \ VEpDIcT
BUT ONCE NEAR A VERDICT
ONLY EIGHT BALLOTS CAST
 DURING WHOLE TIME.

Final One Seven for Murder in the
 First Degree and Five for Acquittal
 on Ground of Insanity-RemarlSabl
 Change on Last Ballot by the Latter
 in the Hope of Winning Over the
 Former-At One Time All But One
 Favored Verdict of Manslaughter-
 Juror PfaR Voted Consistently for
 Murder in First Degree-JurOr BOI-
 ton, Whose Wife Died During Trial,
 Also for Murder--Jury Considered
 Every Phase of Case Except the
 "Unwritten Law"-CounseI for De-
 fense Crltfcise DeImas' Reference to
 ssDementia Americana.O
 New York, April 2-Hopelessly di- Yided-seven for a verdict of guilty of Ql1uLQGI III bll6 Sl uCSlCO cllN llNG lOl acquittal on the ground of insanity the jury which since the 23d of last January had been trying Harry K. Thaw, reported to-day, after forty-sev- en hours and eight minutes of deliber- ation, that it could not possibly agree upon a verdict The twelve men were promptly discharged by Justice Fitz- IT hof bo lieved their task was hopeless. Thaw was remanded to the Tomhs without bail to await second trial on the charge of having murdered Stanford White, the noted architect.
 When this new trial would take place mo one connected with the case could f night express an opinion. District o'itorney Jerome declared that there were many other persons accused of homicide awaiting trial, and Thaw would have to take his turn with the rest. As to a possible change of venue, both the district attorney and counsel for Thaw declared theu would make no such move.
 Thaw's attorneys will have confer ence tomorrow with the prisoner to decide on their next step. They will make an early application for bail. MT. Jerome said he would strenuously op- pose It. He added the belief that, as seven of the jurors had voted for guilty" his opposition probably would be successful. In that event Thaw has another long summer before him in the city prison, for his case on the already crowded criminal calendar cannot pos sbly be reached until some time next fall.
 The scenes attending the announce ment by the jury of it's inability to agree upon any sort of verdict were robbed of any theatricalism by the general belief that after their long de- liberation and the reports of wide division of sentiment the jurors could make no other report than one of dis agreement.
 Thaw, surrounded by the members of his family-the devoted aged mother, the pale, young wife, the titled sister, Countess of Yarmouth; Mrs. George Carnegie and Edward and Josiah Thaw the brothers-received the news in absolute silence. When 1t became known that the jury was about to make its report, and that the case would be disposed of, Thaw called his wife to a seat by his side and sat with his right arm thrown about her until he was commended to stand and face the jur- ors. Smiling and confident as he en- tered the court room, Thaw sank limp ly into his chair, when Foreman Dem- ing B. Smith, in response to a question by Clerk Penny as to whether a verdict had been agreed upon, said:
 We have not"
 The mother, her features hidden be- hind a dense veil of black, sat stolid and motionless. Tn ill-health of late, she had felt severely the strain and stress of the long hours of anxious waiting. The wife, by her husbands side, gripped his hand tightly as the jury foreman spoke, and then when he sunk down by her side she tried to cheer aim as best she could by saying that she believed he would now be ad- mitted to bail and that a second .jurv would surely set him free. The motn- CT. the sisters and the brothers, pale and well-nigh exhausted by their tedi- ous, nerve-wracking wait for a verdict, smiled wanly at Thaw as ile was led away again to the Tombs. They were permitted to speak with him for few minutes to bid him be of good cheer before he crossed the Bridge of Signs to the cell in the prison which until a flow minutes before he had hoped that he was about to quit forever.
 Outside the big square criminal courts building only a few hundred persons were gathered. Thousands had been there earlier in the day, but police re- inforcenents had arrived with instruc- tions to keep every one moving, and this had soon tired the idly curious into a willingness to depart. Inside the building--in the galleries overlook ing the court and gathered along the corridors-were groups of more fortu-