Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1907-04-16
DISAGREEMENT OF THAW JURY.
After Nearly Forty Eight Hours Stood
Cauan g. E;u. Eoc

After Nearly Forty Eight Hours Stood
Seven to Five For Conviction.
A New York dispatch of Friday
night to the daily papers told Of the
end Of the Thaw trial as follows:
Hopelessly divided, seven for a ver-
dict of murder in the first degree and
five for acquittal on the ground Of in
sanity the jury which since the 23rd
Of last January had been try
ing Harry K. Thaw reported yester-
day after AZ hours and eight minutes
OF deliberation that 1t could not agree
upon a verdict. The twelve men were
promptly discharged by Justice FitZ-
gerald, who declared that he too. be-
lieved their task was hopeless. Thaw
was remanded to the Tombs without
bail to await second trial on the
charge of having murdered Stanford
White, the noted architect.
When this new trial would take
place no one connected with the case
could express an opinion. District
Attorney 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 they would
make no such move. Thaw's attor-
neys will have a conference today with
the prisoner to decide upon their next
step. They may make an early ap-
plication for bail. Mr.. Jerome said
he would strenuously oppose II. He
added the belief that as seven of the
jurors had voted for guilty" his op-
position probably would be successful.
In that event Thaw has another long
summer before him In the city pris-
on. for his case on the already crowd
ed criminal calendar cannot possibly
be reached until some time next fall.
The sessions of the jury were not
altogether pleasant and peaceful.
There were many stormy arguments
and at one time charges of inconsls-
tency and breaking faith with the or
ders Of the court were made. but at
no point of the deliberations did the
foreman lose control of the situation.
He successfully held the twelve men
in check and was the first To suggest
when it was seen that there was no
possibility of a verdict being reached
that they report the matter to Justice
FITZGERALD and leave the further dis
position of the case to his judgment.
Wilbur F. Steele. juror No. 8. said:
1--WE considered insanity in many
phases. but did not give the subject
of WrOnged WOmanhOOd any lengthy
debate, in fact, scarcely any. The
question which was considered at un-
usual length was whether Thaw was
insane at the moment he shot STAN
ford White and whether at that mo-
ment he was responsible for his ac-
tionS."
Juror Joseph bolton said:
There was no question of the un-
written law or of 'dementia Ameri-
cana in our deliberations. We cOnsid-
cred the case from a purely legal
standpoint. We were not swayed by
emotion"
The jury when considering the
case took no stock in brain storms,
said Juror George H. Fecke. 1--WE did
not pay any undue amount Of atten-
ton to the testimony of alienists, eth
err" Mr.. Fecke added.
1t was after Mr.. Dennee had read
some of Thaw's letters, that the lat
ter decided that there was a reason
able doubt as to- Thaw's insanity.
Dennce then joined the four men who
had stood for acquittal on the grounds
of insanity.