Highland recorder. (Monterey, Highland County, Va.) 1877-1972, 1907-04-19


Square Roof Garden, June 70, 1905
"a trial which, it is estimated, cost
the Thaw family S235.0O0 aud the
people nearly $4,000 and which
began January %, II weeks and 2
days ago ended tits afternoon at
| 4:3O o'clock with the disagreement
and discharge of the jury.
On the final ballot the jury
stood seven for murder in the first
degree and five for acquittal on the
ground Of insanity. -Four of the
latter had been firm for their con-
tention from the very first. There
WAS an effort at compromise on
manslaughter in the first degree.
but the men who believed Thaw
insane refused to hear of it.
When the Jurors came in and an
nounced their disagreement thew
had been in almost continual DELHI
Grafton for Al hours and 8 minutes.
and Justice Fitzgerald, recognizing
the hopelessness OF getting a ver-
diet. promptly discharged them.
Thaw was remanded to theTombs
without bail to await a second trial.
When this new trial would take
place, no one connected with the
case could tonight express an
opinion. District attorney Jerome
declared that there were many 9TH
err persons accused of homicide
awaiting trial, and Thaw would
have to take his turn with the rest.
As to possible change Of venue,
both the District Attorney and
counsel for Thaw declared they
would make no such move. Thaw's
attorneys will have conference
tomorrow with the prisoner to de-
eide pom their next step. They
may make an early application for
bail. Mr.. Jerome said lie would
strem onsly oppose it. He added
the belief that as seven Of the jur.
ors had voted for guilty" his OPP
position would probably be success
ful. In that event Thaw has
another long summer before him
in the city prison, for his case on
the already crowded criminal dock
ct cannot possibly be reached until
some time next fall.
There was turbulent scene in
the jury room this afternoon, when
the noise made by the quarrelling
jurymen became so loud that the
court officer who was OH duty out
side the door notified Judge Fitgzer-
aid in his cham bers, AMI was di-
rectsd to enter the jury room and
caution the oyerwronght men that
there was danger of the discussion
being heard in the adjoining court
room.
Before the situation became so
strained as a result of hours OF
sleepless effort, the proceeding III
the jury room had been orderly,
quiet and at times most impressive.
In the effort to reach some satisfac-
tory conclusion, several Of the ju-
rymen developed oratorical power
of no mean grade.
When the disagreement of the
jury was announced in court Thaw
turned even paler than he has been
for the last several days, and when
he was reman1ed back to the city
prison at the suggestion Of District
Attorney Jerome he hung his head
dejectedly.
Up to the very last Thaw had
hoped that the IL men would fin.
ally agree upon verdict of not
guilty.
Harry Thaw's trial has actually
occupied sc days, but it is 80 days
since the session opened. The case
was first called January q, and
then went off until January %
when the sele ction Of the jury was
begun. 1t took about ten days to
select the jury, and the prosecution
presented It's direct case in one day.
Those who were waiting in the
Criminal Court building for jury to
report recalled some statistics of
other famous murder trials;
Roland B. Mollineux's first trial,
81 court days; jury out 8 hours:
verdict, guilty, first degree. Sec
ond trial, 81 court DAYS; jury ont
% minutes; verdict, not guilty
DR.. Samuel j. Kennedy's first
trial, 16 court days; jury out three
hours. 13 minutes; verdict, guilty,
first degree. Second trial. Is court
days; jury out 6 hours, 35 minutes;
no verdict, disagreement. Thirt
trial, SO court DAYS: jury out %
hours, 3 minutes; no verdict, dlsa-
greement. Kennedy was charged
with numbering Dolly" Rey nolds
in New York hotel. August 16
1898.
Nan Patterson's first trial stop
ped owing to illness Of juror at end
of 10 days. Second trial, II court
days, jury out "a hours; no verdict,
disagreement. Third trial, IA court
days: jury out II hours, 35 mill
utes' no verdict, disagreement.