The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-12
Reported at 4:31 That They Could
Not Reach a Verdict.
They Were Promptly Discharged by
Justice Fitzgerald.
Had Been Out Since 5 O'clock Last
Wednesday Evening.
TALKED WITH LUNACY COMMISSION
Judge Wanted to Find Out If It'll
:. Would Be Safe
To Release Thaw If Acquitted Oh the
Ground of Insanity.

New York. April 12--Thaw jury dis
agrees at 4:1 p m
The jury reported that il can not
agree The jury was discharged
Immediately after the disagreement
vas announced Evelyn Thaw went 70
the prisoners pen 10 see her husband
Court is adjourned until Aprpu g
New York. April 12-The Thaw jury
at 4-3Q 2. m. came into court and re-
ported a disagreement The jury was
thereupon discharged by Justice F1tz-
gerald
The court was declared adjourned
unit AprI -. Evelyn Thaw mmedatsly
went to the prsoner's cell and 1oned her
husband A vast crowd OUTSIDE the
court room awaited the announcement
The jury stood seven for murder n
the first degree and fve for acquttal-
New York. April 12--Apparently as
far away from q verdict as when they
retired at 5.17 O'Clock last Wednesday
afternoon. the Thaw jury continued
today the task OF trying 10 reach some
sort Of an agreement No word what
lever had come from the jury room UP
70 1870 .. m when Justice Fitzgerald
ordered a luncheon recess until > 2
m. At this hour a MONDAY repast
was also ordered for the Jurors and
was served TO them in their conzuIta-
rion chamber
The Thaw jury Is breaking all rec
ords by its determination 70 agree
-
by Justice Fitzgerald in his charge
murder in The first degree; murder in
TIE second degree; mausIaughter in
the first degree. or acquittaI on the
ground OF insanity
The most remarkable feature OF the
Jury's long consideration OF the case
is the fact that not once during the ,
hours which had elapsed Up 70 noon
today has the jury suggested that it
could not agree and thus ask for a dis
charge from further service The u
men who sat through the many weeks
of the trial apparently feel that their
consciences require them to do their
utmost IN making some definite dis
position Of the case
Great crowds gathered about the
criminal courts building and the
Tombs today. fully 5000 people block
ing the streets by IL o'clock They
came not only in the hope OF securing
quick news Of a verdict. but TO catch
Z glimpse OF Evelyn Thaw or some
other member Of Thaw's family When
Mrs Thav left the building to 20 70
luncheon she was again all but mobbed
and several score OF policemen had to
make a way for her through the
throngs-
TIlavx StfH Cheerful
Mrs William Thaw and her sons
Edward and Josiah were at the court
\. ouse early today and as soon as per
rnitted. visited the defendant in the
prisoners pen They found him
cheerful as usual. absolutely refusing
10 feel depressed over the outlook A
disagreement OF the jury. however,
would mean another long period of
confinement for him
To the prisoners mother and wife
the anxiety and strain of the long wait
for verdict is proving 4 far greater
hardship than to the man whose life
IS supposed 10 be hanging in the bal
zlcs-
The long delay Of the Jury-s deIib-
erations is also proving very hard
the court officers and others whose
business calls them to the trial
At noon the crowd about the court
house was 50 great that traffic was
people gathered about the building
and when a rumOr spread that any
member OF the ThaW family was about
20 leave the building they surged
from one corner 70 another. sweeping
the few policemen who were trying to
preserve order almost on their feet
A call for reserves from several
nearby stations vas responded TO by
half q hundred men who were dis
tributed en- the streets on all four
sides of the building Inspector Nc
CIu=key issued orders that no crowd
was to be permitted TO congregate-
NO one was allowed to stand on the