The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-04-13

NEW YORK. April 1S-The jury in
the trial OF Harry K, Thaw for the
murder of Stanford White, after DELHI
Grating for nearly two whole days with
out being able 70 reach an agreement,
has been discharged by Justice Fitz-
gerald.
The final ballot stood seven for con-
Victfon Of murder in the first degree,
and five for acquittaI on the ground Of
insanity.
Thaw was at once taken back 70 the
Tombs. Application that he be released
on bail will undoubtedly be made soont
but it Is regarded as almost certain that
his application will be denied. District
Attorney Jerome announced immedi-
ately after the jury's discharge that
Thaw would be tried again, though not
for several months.
On the final ballot the jurors who
voted for conviction were Foreman
Deming 3. Smith, George Pfah. Charles
II. Fecke, Harry c. Brearly, Charles D.
Newton. Joseph H. Bolton. and Bernard
Gerstman.
The five who hung out for acquittal
were Oscar A Pink. Henry c. Harvey.
Malcolm F. Fraser. John S. Dennee
and Wilbur F. Steele.
The scene in the court room when the
Jury announced its disagreement lost
much Of the dramatic quality it would
have otherwise possessed, because Thaw
and all the members of the family were
aware that no agreement had been
reached.
Disagreement From Beginning.
The story Of the two-day effort made
s. agreement Is a story Of constant strife.
When the jury went out on Wednesday
a ballot was taken fifteen minutes after
they retired from the court cOOm. When
the votes cast on the first ballot were
counted, it proved that eight of the
jurors voted to convict Thaw Of murder
in the first degree. The other four
voted TO acquit upon the ground Of in
sanity. The original four who stood for
acquittal were Jurors Pink, Harvey,
Fraser and Steele. From this time on
the contest was one between these two
extreme wings. The four who orig
tnally were for acquittal never voted
Tor anything else from the start to fin
ISM while seven OF the eight for murder
n the nrst degree the first time the
ballots were east remained of the same
( opinion 10 the end, although some of
tnem were willing to compromise If the
champions OF acquittal could be in
duced TO meet them half Wav This.
however, was never possible, and before
! the twelve men finally gave it up the
FORCES that fought for acquittal had
/ won over Juror Dennee to their side.
Juror Dennee Waivers.
Having learned by this first ballot
what was the general drift of opinion.
the twelve men went over the case on
theIr return from dinner, and at 3:45
" Wednesday night took q second ballot.
II resulted precisely as had the first
eight for murder in the first degree and
2 -FOUR Tor acquittal on the ground of in
sanity
by Thursday, however, Juror Dennee
was beginning so believe that Thaw's
mind was not sound when he shot
White. This wavering state of Mr..
Dennee's mind was not reflected in. the
third ballot, which was taken at 4.3O
,. N.
On the fourth ballot the Marty that
had stood ont for conviction of murder
IN the ifst degree lost one Of their num-
Der. The backslider. OF course, was
Juror l,9, Dennee. rms ballot resulted as
IoliOWs- Murder In the first degree z;
manslaughter in the first degree /. the
one being Juror Dennee: acouittaI 4
Ihus all the Jurors voted on the ballot
as they had from the start with the
AseXcepJiOn Of Juror Dennee
Between the fourth and the dftb bal
~ OTIS Jurors Pink. Harvey, Fraser, ana
teele got TO work in good earnest upon
Iror Dennee- They went over All The
paw letters. and argued that no man
his right mind could possibly have
ritten them This view at last nre-
allied, and upoB the fifth ballot. whieb
as taken at $40 that same night. Turo5;
ennee voted for acquittaf on tho
round of insanity. This made FIVE men
ow holding out TO set phaw free. The
her sever did not, however vote uDon
Is ballot for a conviction of murder
the first degree.
Turn to MansIaughter.
had by this time become evident to
eman Smith and the others who
BED his views that the aequit;aI
y were so positive in their views
they could never be brought around
pie for conviction OF murder il the
degree. Six of them, therefore. de-
10 make a concession and voted
is NTH ballot for a conviction OF
aughter in the first degree. One
~ number, however, was so POS