Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-04-13
THE ru.w CASE.

1900 1870 ~S~H "a SaoS'~~
IL weeks, ended late yesterday afternoon
in disagreement Of the jury, which had
been out nearly two days. The jury
was Immediately discharged. The ansl
ballot stood seven for con viction of muir
der in the FIRST degree and five for &C.
quiltal on the ground OF insanity.
Thaw was at once taken back to the
Tombs. Application that he be released
on bail will undoubtedly be made very
soon, but it is regarded as almost certain
that this application will be denied. Dis
itlct Attorney Jerome announced imme-
diatelY after the jury's discharge that
rhaw would be tried again, though not
for several months.
At 1925 the jury fled into the court
room. Every eye in the courtroom was
upon them az they passed down the aisle
aud into the jury box.
Three minutes after tho jury arrived
Thaw entered, followed, as usual, By q
prison guard. Ho marched straight
down the aisle, looking neither TO the
right nor left. His face was white, but
impassige. His lawyers had already in
formed him that the jury had failed to
agree.
At 4:90 young Mrs. Thaw entered
from the witness-room. She looked pale
and rather frightened. She had scarce
~ taken her usual seat when Mrs. Wm
Thaw followed by the Countess of Var
mouth, Mira. George Lander Carnegie,
Edward Thaw and Josiah Thaw entered.
At the same moment Justice Fitzgerald
entered from his chambers, while every.
body 10 the courtroom srose.
In the meantime the lawyers had
taken their seats.
Dan O'Reilly spoke to Harry Thaw's
wife. She stepped forward and took 8
chair at her husbands side. She slipped
her left hand into his right, and 80 they
sat while Clark Penney called tho roll.
That concluded, Clerk Penney said.
"The defendant will arise"
Then tho clork repeated the couven
tIopal formula.
"Juros please arise. Defendant look
upon the Jurors. Jurors look upon the
defendant. Gentlemen Of the jury. have
yon agreed upon a verdlct2"
ave have not, sir" said Foreman
Smith.
At that the jurors sat into their seats
again, while Thaw resumed his chair,
ard again took his wife'S hand.
All this time the entire Thaw family
had sat motionless. With one excep-
ton, they showed the utmost stoicsm.
The exception was the Countess of Var
mouth, who smiled in pleased way
when she heard Foreman Smiths an-
nonncement.
Justice fitzgerald consulted some
notes which he had before him and said
Gentlemen Of the Jury, | have kept
you together for this long time for the
reaaon that doomed it my dn!y TO do
40 as long as there was any possible hope
of you being able to reach verdict.
have arrived at the conclusion that this
is now impossible to he expected, and |
cOnsnlted with counsel representing the
people and the detendant--the deieDse's
counsel and the learned District Attorney
and am going 10 discharge you from
further consideration Of this case. with
the leave OF the court and tho public
prosecutor and counsel for The defense
consentlng to such discharge.
Correct" said Mr. Jerome.
eyes, sir" said Mr.. Hartridge.
"Then, gentlemen, ycu are relieved
from further confederation Of this cast"
declared Justice Fitzgerald.
Mr.. Jerome began to make remark
to the court and tho court reminded him
that he had not asked that Thaw be re-
manded to custody. This request the
District Attorney promptly tnade. where
upon Justice Fitzgerald said:
"The defendant is remanded."
Io'mediately the jurors rose and filed
out Of the box. Thaw did not look a,
them though come Of them glanced
dosu at him 90 they passed. Thcn he
was taken out by the prison guard. In
very few minuto3 the courtroom was
deserted save for ga Official or two.
All the Thaw women entered the pen
aud talked with Thaw. Thaw seemed
in good spirits. Instead Of being cheer
ed up by the women be told them that
they must not worry or fret, that every
thing would come out ell right eventual
Iy end that he himsolf was oil right.
He was In snch cheerful spirits that
everybody left him except his wife, who
stayed for few inmates for q final
chat. Then che went away With Lawyer
OReilly and Thaw was taken back to
the Tombs.
On the frat ballot the Jury stood eight
for conviction OF murder in the FIRST de.
gree and four for acquittal on tho ground
Of insanity.
Some of the eight we're willing to
meet the four hall way on 3 compromise
verdict, but the four refused to alter the
views they held.
The four iavoFing acqulttsl finally
won over one Of the eight who had be-
lieyed Ths@ guilty.
The evidence called for by the jury
WAS at the request Of this one juror. and
the documents turned his vote to Thaw.
Six of the eight fayoring conviction
once voted for manslaughter, in an effect
to reach compromise.
Throughout the eight ballots four
never wavered from scquiltal, and one
always voted for conviction. On the
fnal ballot the lineup was seven for con.
viciion and ige for scquittal.
"This Is the lrst statement since the
disagreement and the second and last