The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1907-04-17

jury possessing average intelligence
excepting possibly Mr.. Bolton, com
pretended the weight of the evidence
and balanced from the acquittal. All
my family bid me goodbye with
courage. l trust we may all keer
we'll
To his attorneys Thaw said he was
deeply disappointed but / could
hardly expect anything else, in view
of the events of the last few days,
he added.
Earlier in the day Thaw had given
out another statement in which he
said he had desired that his fate
should be judged on the written
laws of the state of New York" He
declared he believed the evidence adj
duced had convinced Jerome of his
innocence under the strict letter OF
the law.
Delmas, who conducted Thaw's
case, was not in court when the jury
made it's report and was discharged.
Clifford w. Hartridge, attorney OF
record, a warm personal friend OF
Thaw, gave the following statement
to the Associated Press:
"Mr. Thaw has already expressed
himself DESTROYS of trial under and
in accordance with the laws of the
state of New York. l can add moth
ing to that except to say that l en-
tirely agree with him and hope tina,
we shall have a new trial speedily
and that the next time it will not be
necessary for the presiding judge to
charge the jury that we are living
in a civilized community"
1t is said Attorney Daniel O'Reilly
would have leading part in the flu
ture conduct of affairs.
1t has developed the jury consid-
cred every phase of the case except
the "unwritten law" passing judy
ment entirely on the evidence. The
jury tried to reach common ground
on a verdict of manslaughter. Only
eight ballots were cast. The final bal
lot was as follows: For conviction
of murder in the first degree, Deming
B. Smith, foreman, George Pfaff,
Charles H. Fecke, Harry C. Brearley,
Charles D. Newton, Joseph B. Boil
ton, Bernard Gerstman.
For acquittal on the ground of in.
sanity, Oscar A. Pink, Henry G. Har-
ney, Malcolm S. Frazer, Wilbur F..
Steele, John S. Dennee.
On the frst ballot Pink, Harvey,
Frazer and Steele voted to set Thaw
free, according to the statement Of
Juror Harvey. The jurors changed
their votes several times, Juror Pfafi
being the only juror who adhered to
bis belief throughout that Thaw was
guilty of murder in the first degree.
O'Reilly of Thaw's counsel tonight
said:
81 confess l am disappointed. l
really expected acquittal. Perhaps
now, in view Of the verdict, Mr.. Del
mas made a mistake in using the
term 'dementia Americana but he
made an honest effort and 1t might
have been a mistake Of judgment"
Attorney Gleason said: "The disa-
greement of the jury is disappointing
OF course. 1t was unfortunate, the
introduction of the 'unwritten law
characterized as 'dementia Ameri-
cana II instead Of this the counsel
had dwelt upon the statutory insan.
ity of Thaw, which was plainly
proven, Thaw might have been &C
quilted"
Mrs. Evelyn Nesbit Thaw said: 81
cannot understand 1t. I don't see why
they could not have come to some
kind Of an agreement" A reporter
said to Mrs. Thaw, "The jury stood
seven to five for conviction"
~ don't believe it," she cried en-
phatically. "They ought to have ac-
quilted him on the evidence"
Jerome stated he considered it his
duty to put Thaw on trial again.
Delmas said: 81 know no more
about the disagreement Of the jury
than the general public knows, and
1t is too early to discuss plans for the
future" Concerning Gleason's criti-
cism Of his 'dementia Americana re-
marks Delmas said, 81 have no wish
to comment on these remarks"
AAnRh AAanR