The Birmingham age-herald., 1907-04-11
After Six Hours Consideration, Disagreement Is Best Council
 for Defense Hopes for
JEROME'S ATTACK CASTS
 PRISONER IN DEEP GLOOM
"cowardly, Brutal Murderer" Says the District Attorney, Closing With "Thou Shalt Not kir-Fitz-
 gerald's Charge Adverse.

New YOrk, Apf1l lO.-CnarSed With the responsibility of deciding the fate of Harry Kendall Thaw, the jury, since Jan uary 2S has been sitting in judgment on the young slayer of Stanford White, re- tired at 5;17 D. m., today to begin the consideration of their verdict. Six hours later they had failed to reach an agree ment and shortly after Il p. m., were locked up for the night in the jury room of the criminal courts building. Justice Fitzgerald became convinced at that hour that the chances of receiving a verdict tonight were too remote to warrant his remaining up any longer. Earlier in the evening he had gone to his club uptown and had held an automobile in readi- ness for a quick trip to the court house should he be needed.
 It was Il o'clock when the jury was asked if there was a probability of a yer dict within the next few hours, and upon 8 negative reply they were locked up for the night.
 None of those connected with the case tonigh. would hope for anything better than d disagreement.
 By his side was Thaw's wife and coun- sel. who remained with him until the hope of verdict tonight was abandoned. In the early evening all of the Thaw family were with the prisoner, but before 10 o'clock they went to their hotel.
 Thaw, who was much depressed at the close of District Attorney Jerome's im- passioned attack upon him as a cow ardly, brutal murderer-a rich iiliterate, who always had had his own way until he fell into the clutches of the law, - revived in spirits as the evening wore on and the chances of an unfavorable verdict seemed more remotel He was re- 'eAotanc to sFsaad- his way baciS over the dmly lighted bridge of sighs to his cell in the Tombs-to say goodnight to his wife.
 The disagreement of the jury is the most unfavorable outcome that Thaw has anticipated. His family and counsel were much alarmed, however, lest the jury under Justice Fitzgeralds charge might find q verdict of some less crime than murder in the first degre. The prison CT tonight did not share this gloomy outlook and laughed and joked to dispel the serious looks upon the faces of his mother and wife.
 Justice Fitzgerald is not expected at the court house until 1O:3O, the usual hour for court to convene. If the jury should earlier notify him of an agreement, he might consent to come down earlier, but this is not considered at all likely.
 The general public which stormed the doors of the court room by hundreds during the closing hours of the district attorneys speech, quickly reached the conclusion that a verdict would not be possible and dispersed soon after the jury hal retired.
 All previous crowds were insignificant compared to the mob which stormed the court room doors this morning in an ef- fort to hear District Attorney Jerome sum up the states case against Harry K Thaw, slayer of Stanford White. AL though court was not convened until ll..D o'clock, fully two hours before that time the advance guard of spectators began to arrive and took up positions of van tage in the corridors leading to the court rooms so as to be the first to be admitted when the doors were opened. The police, however, anticipating just such move on the part of outsiders, were prepared for the rush, and kept the doors closed until il o'clock, but this did not prevent a large number of favored friends from getting into the court room before that hour.
 Court attendants employed the side doors leading to the ante rooms to good advantage, and so when the main entrance was opened the trial room was almost filled.
 The small enclosure in front of the judges bench was also taxed to it's ut- most capacity by the friends and assist +t, t.4r gether the scene in the court room when Jerome rose to address the jury was one of tense interest, expectancy and sup pressed excitement.
 Stirring Scenes.
 In the corridors the scenes were more stirring. Scores of disappointed men and women, made an onslaught on the police guard in a last effort to pass the portals, only to be repulsed and fairly dragged back from the entrace. Men with im- agined influence pleaded with the officers, cajoled. begged and threatened but all in vain. About five minutes before the session was begun members of the Thaw family began to arrive The first to enter the court room was Josiah Thaw. He was ac- conlpaned by his sister, the Countess of Yarmouth. Mrs. Carnegie and her hus- band were the next to arrive, Mrs. Ed ward Thaw and Evelyn Thaw followed quickly and the elder Mrs. Thaw came last All looked hopeful and confident. At 1:35 o'clock Justice Fitzgerald took his seat on the bench, the jury was brought in and Harry K. Thaw was called to the bar.
 Jerome Begins.
 ssGentlemen of the jury" said MT. | Jerome, arising when the court had opened. from all I can judge from the | papers-I having been absent-you have l been wandering through mere field of | romance for two days The life of a human being is not to be judged on such q premesis The issue here cannot be determined by quotations from the scrip lures. You have been enjoined by the
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