The Washington herald., 1907-04-12
THAW JURY FAILS TO REACH VERDIC

tAtEIEQ lsAtu the 0pialtgl ltA Ais4 t9 AtAN
/ expert lie warned them, however. that
they were not forced to accept an expert
opinion nor to give the weight they would
give evidence Of facts by lay witnesses,
unless 1t was taken 10 conjunction with
other testimony.
Thav stops to Chat.
This part Of the charge was read, Fore
man Smith announced that that was all
the jury wished to hear at that time and
the twelve were once more sent from the
courtroom. after having been there two
hours and half. and recession was
ordered. When Thaw rose to leave the
room he stopped by his wife and shook
hands with her and his mother, and chat
ted with them for a minute or so before
going back to the prison pen on the first
nezzanine floor.
| The jury made second trip to the
courtroom after it had had luncheon,
which vas sent in This time Justice
Fitzgerald was told at O'Clock that the
jurors required further enlightenment. II
was about ten minutes later when Thaw
faced his judges again. AL the Thaw
/ family We're there as before. This time
Evelyn Thaw came In alone, some minutes
/ before Mrs William Thaw arrived but
when the older woman appeared the de-
/ fendant's wife rose and bowed and smiled
and remained standing until the head of
the family had taken her seat.
Jury seeks More Information.
It appeared that the jury once more de-
sired TO hear that part af the judge S
charge that related to the examinations
OF Thaw made by Dr. Evans and DR..
I z.saffs
on the general subject of expert testi-
mony and witnesses. This was accord
ingly read to them by the court stenogra-
pher This made three hearings Of
this particular part of the courts charge.
Before he had 1t read justice Fitzgerald
said.
''The jurors desire TO have this read Ia
them. in the jury room pT ferably, but
am compelled to deny that part Of their
request"
! It then appeared that one member OF
| the jury wanted to have d certain part OF
/ Mr.. Delmas address TO the jury read
/ aloud This request Justice Fitzgerald
promptly denied. saying that what Mr.
| Delmas said was not evidence. The jury
was entitled to have the testimony read
| In its hearing, but nothing more. with
that the jury retired, followed shortly by
/ Thaw. That finished the courtroom
dOings for the afternoon
/ Everybody at. ali interested in the case
however, not 10 mention several thousand
I VINO had no interest whatever in il be
yond idle curiosity, refrained from goinl
far from the building Sir. sJerOme anc
Mr.. Carvan went to luncheon at a res
taurant near by. Justice Fitzgerald also
went out. but was gone less than al
hour All the Thaws save Mrs. Harry
Thaw went uptown in cabs to the Hote
/ Lorraine.
Thasv Family in Attendance.
The Thaw relatives spent the afternoon
for the most part, In the witness room
adjoining the courtroom, but both Mrs
William Thaw and her daughters spen
some time with the defendant ia tbs
prison pen. while Evelyn Thaw spen
/ nearly all her time there. except wheI
the jury was in court. Justice Fitzger
/ aid spent the afternoon In his chambers
just OF the courtroom. In the Afternoon
Justice Blanchard paid him visit an.
the two were closeted for d long time
All the Thaw lawyers were in court il
/ the morning. In the afternoon Mr.. Del
mas spent an hour or two in the court
room, and he and the district attorne!
formed two members OF a group thai
sat IN a far corner behind the jury boz
and chatted and told stories quite Al
omicabiy as If they had not been assail
ing each other with every resource the.
I could command for over two months.
About o'clock Mir Delmas went away
leaving word where he could be found
Lawyer O'Reilly stayed behind To rep
resent the defense IN case there shoule
be a hurry call, and lie and Assistant Dis
trict Attorney Garvan We're the sum tOta
OF legal talent left ia the courtroom witt
'the weary reporters when it became Ger
tain that there would not be any report
from the jury before dinner
RumOr Manufacturers Busy.
OF course. an this time the humor man
ufactErers had been busy. There were al
least half a dozen different stories about
the result of various ballots. 1'he on,
which seemed deserving Of most weigh
was enc which maintained that the jurs
stood ten to two for some kind Of con
vietion. still another put the votes fol
/ conviction az nine and the votes for ac
quittai at three. though meme of thOs,
/ who originated these reports was bOlC
enough to say whether the majority Wa.
in favor of eonvicting for murder IN
either degree or mauslaughter. Strangely
enough, all the reports had it that ono
/ of the jurors who was holding out fol
conviction was Juror Wilbur F. Steele.
The requests that the jury made of tn,
court shed little light upon the situation
When they asked for all the testimon.
that told OF the shooting it looked as j
they were going to disregard the alienists
in which case. the anu-Thaw party held
lit looked bad for The defendant But OF
the jury's second visit il dlssi9ated thi.
view by asking to hear what the fldg,
charged on tie subject of expert evidence
II there was any dee9-seated pessimisn
on the part of Thaw's lawyers, they die
not show it. All of them presented smil
ing fronts to the Criminal Courts building
world and looked as if they already had &
verdict in their favor.
Sends Jury TO Dinner.
Justice Fitzgerald, after waiting until
$50 for the jury to agree. sent word to the
Jury room that the jurors might take q
recess for dinner and could go to tbs
Broadway Central Hotel 70 get IT, He
said that he himself was going out, anC
that he would diEe and return to ths
building at clock.
IL was half an hour later than 6:3
when the jurors left the juryroom and
escorted by a guard OF fifteen mea. started
on their walk TO the Broadway Centra
Hotel At that hour there was still &
good sized crowd hanging about the WhitC
street entrance to the building, and tn,
.hrong was greatly augmented d moment
after an enterpTising photographer set of
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