The Washington herald., 1907-04-12

New York, April 1.-THE Thaw jury
was locked up again for the night at 11:4
o'clock tonight. after having struggled
vainly all day long 10 reach a verdict
Justice Fitzgerald was in his chambers IN
the Criminal Courts building from
o'clock on, and at 1880 no word having
been received from the jury room. he sent
Court Captain Lynch in to inquire if the
jury had agreed.
Foreman Smith sent word back that
they had not, whereupon the judge or
dered that they be locked up. supplement-
ing this with an order that they be
brought into the courtroom tomorrow
morning at 1890 The jury was not
brought into the courtroom, where there
We're only few persons gathered, most OF
them reporters.
The foreman of the jury confined htm-
self in his message TO Justice Fitzgerald
10 saying that no agreement had been
reached, This was taken to mean that
the jurors felt that there was still a
chance that they might get together on a
verdict inasmuch as it is the custom, IN
case the jurors feel il 10 be hopeless. 10
send word 20 the presiding judge that
they fear they cannot agree. At the time
the order was given to lock the jurors up
thirty and a half hours had elapsed since
the case was committed to their hands.
Tonight was the second night that the
jury had been locked up in the bare jury
room. whose only furniture is a long Table
and some hard chairs. 1t was stated at
that there is on the records a decision Of
the Court of Appeals of this state, hold
ing that it is entirely within the disere-
ton Of a presiding judge 10 order the
jury locked up as long as it seems to him
proper.
Thaw Writes Note.
Soon after it was announced that the
Jury was TO be shut up for the night,
Thaw was taken from the pen back to
his cell, AS he left the pen he handed
out to the reporters this note:
1T is a great satisfaction that all of
my family continue well. regret that
50 many officials and others have 50
much extra work
Thaw looked well and appeared TO be
in good spirits. About an hour before he
learned that the jury was to be locked up
for the night Chaplain Wade, of the
Tombs. called on him in the pen. The
chaplain had attended the sale of Stan
ford Whites pictures held at Mendelssohn
Hail. He told Thaw about the prices
that the pictures brought, and the ac-
cused man seemed greatly interested in
what the chaplain had TO say.
Thaw's mother and his wife were going
down the stairs on their way out when
Thaw was being taken TO his cell. He
leaned over the railing and called TO
j them. They stopped. raised their wells,
and waved their hands.
sleep we'll" he said.
If the jury fails to agree. ThaW will
be tried again., but not before October.
That IS the statement made by District
Attorney Jerome at midnight.
An effort 10 get Thaw out on bail viii
be opposed strenuOusiy by the district
attorney.
Crowd Awaits Verdict.
All day long there was big crowd
hanging around the Criminal Courts build
ing, much bigger than on any previous
day of the trial It began to gather before
g O'Clock, and by 10 the corridors of the
court building We're so thronged that more
policemen had to be sent for to keep
everybody moving. But though the crowd
gathered, it was unable 20 satisfy its GU
riosity. for nobody was admitted TO the
courtroom excepting Thaw's counsel and
relatives. members Of the district att0r-
ney's star. and the reporters or persons
employed about the building.
The consequence was that when the jury
filed into the courtroom for the first time
since the case was committed to them for
decision. the big courtroom was scarcely
more than a third hued, Half-past 10
had been set by Justice Fitzgerald as the
hour a which court should reconvene, but
the jury was not ready TO come in at that
hour, and all hands sat around waiting
for some time. At that hour there was a
singular dearth of rumOrs about how the
jury stood. Nobody seemed to have the
courage 20 hazard a guess. but all agreed
that the jurors had a difficult task ON their
hands.
Jury Looks Fatigued.
At IL o'clock there was a stir az the
back OF the courtroom as Court Captain
Lynch and his assistants prepared for the
entrance of the jury. A moment later
their foreman. Nobody needed to be told
that they had sat up all night They
looked It. The marks Of weariness and
anxiety and sleeplessness were all over
them But they did not look like men
who were ready to quit. They looked like
men who realized their duty and who
were determined 10 discharge il properly
II there was any way of doing it.
Justice Fitzgerald came in moment
later. and as soon. as he had taken his
seat Clerk Penny advanced TO the rail
and said in quite the manner he might
use IN asking for glass Of water;
Harry K. ThaW 10 the bar
There was a brief delay. then the pen
door opened and Thaw came in ahead of
s prison keeper. As usual. he carried his
overcast slung over his arm. and under
the other arm lie had big bunch of
newspapers
All the members of the Thaw family
party We're already Ia their places. but
Thaw did rot look at them as he passed
close by them, waiting for them until hc
reached his chair lie seemed nervous,