The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-04-12
Jury Unable TO Agree,
Order Lunch TO
Room.
Belief That Members
Are Divided at
10 to z.

NEW YORK, April 12.-With Harry
TbaW's Jurors having been cut forty
five hours without reaching an
agreement, it IS generally believed
by attorneys and officials about the
court thai the only possible result
is a mistvial.
Every hour today has added TO
this belief, and when court recom-
Yened this afternoon there was little
hope OF decision.
NEW YORK, April 12.-At 1890
court adjourned until o'eIJek, and
the jury requested that lunch be
sent TO the jury room.
H.1ea the Thaw jury went into court
aJ 1870 O'Clock Today. it was understood
that they would report to Justice Fitz-
gerald that they were unable To agree
upon a verdict and ask 70 be dis
charged
At that hour the jury had been out
forty-one hours. This is thu longest
time ever taken up by any Jury IN
deliberating on a capital case n New
York courts l. view Of this fact.
lawyers on both sides were Of the opin-
ion that Justice Fitzgerald would feel
bound To discharge the jury ana remand
Thaw IN the Tombs pending a lew trial
The twelve furors engaged III a most
exciting argument IN the anteTo0m Of
their private timing room al the Broad
way. Centraa Hotel while waiting for
breakfast.
Looks Like Ten to Two.
To persons IN windows atross tha
street II might have been easy 10 name
the two jurors who are said TO be ar
rayed against the ten others
one Of these. who is now quite weak
physically. vas seated in a big rocking
chair, and over him there were fire.
quentiy four or five other jurors in ex-
cited debate The one in the chair made
no oEal reply, but he shook his head
negatively many times as though he
would not be convinced.
Ten feet from him was the other Oh
stlnate juror. and about him there were
several other jurors gesticulating Vigor-
ousiy anG apparently using vehement
language.
The ten jurors would flC back and
forth between the two, and fronl across
the street III was apparent shat there
was much heat in the arguments used.
juror Brealy Quite III.
On the way back 10 the criminal court
building it became known that Juror
Harry C. Brealy was quite i'll ne was
so weak that Captain Lynch, of the
guard, and another juror had 10 sup
port him on either side. He appeare+
very III. his face being white and drawn.
and besides the mental worry over tho
Efforts 70 reach a verdict he wga appaF-
emily suffering much physical distress.
should AR. Brealy necome 50 lil that
ne would have 10 be separated from tAe
o5her jurors II would compAcate the
Thaw trial more seriously than any-
thing has done yet.
Thaw Passes Sleepless Night.
TEaw passed another apparently
sleepless night. He read a book for
two hours after the jury was locked Up.
When Urged by the Jail keepers 10 re-
tire he did so, but he tossed and
tumbied on his bed. He was up shortly
after daylight today. His nerve" was
stronger with the return Of daylight
His relatives. confined almost IS close
y III the Lorraine Hotel as he is IN the
Tombs. Jared little better Evelyn Thaw
has scarcely closed her eyes since the
case went to The jury. The elder Mrs.
InaU IS more coura geous woman,
but she, too. has suffered torments
while waiting for the jury 10 report
Thaws sisters and brothers have not
escaped and show the marks Of their
care and worry.
Important Fact Becomes Known.
A fact which developed today may
have an important bearing on The case
in case OF a verdict Of not gulItv be-
cause Of insanity" 1t became known
that on Monday evening Justice Fitz-
gerald had a conference wIh David Nc
Clure and Peter =. olney. the two lay
men" members OF the lunacy board
which declared Thaw sane.
Tt was reported the justice had sought
The advice Of these men as to whether
he would be Justified in setting Thaw
free immediately in case OF the jury
acquittilg him on the ground that no
was mentally Incompetent Of under
standing his act IN killing White.
What advice the lunacy commission
gave the JUDGE, II this was the purpose
IF their conference, Of course. IS not
known.
Interest IN Case Unabated.
The same interest in Thaw's fate
which has been manifested by New
Workers since the jury wenl out was
shown today Hundl eds of people had
gathered about the court house before
s o'clock. and as the day grew older
the crowds increased. Il has been a
long time since people have had to wait
so long for verdict in which they wers
SO generally interested. ana many
wanted TO be on the spot to catch tie
first WORD Of the verdict even before
It could be flashed from the bulletin
boards.
According 10 the Tombs officials who
have kept record OF al mail matter