Los Angeles herald., 1907-04-13

Attorney Jerome, who had left the
building.
Thaw was brought before the jury at
4:29 p. m. He entered smiling and con-
fident as ever. Soon his wife appeared,
and after smiling a greeting to him she
was making her way to her accustomed
place when Thaw caught her by the
sleeve and beckoned her into the unoc-
cupied chair beside him. He put his
right arm around her waist
As soon as Mr. Jerome arrived JUS
tice Fitzgerald took his place on the
bench and tho clerk began TO call the
roll of the jury. When this was over
he said to Thaw:
"The defendant will rise"
Then for the first time the court room
knew that the end of the great trial
was at hand
Clerk Penny next said:
THE jury will rise"
The Trying Moment
Then he went on Defendant, look
upon the Jurors; Jurors, look upon the
defendant Gentlemen of the jury, have
you agreed upon verdict"
I'VE have not" quickly responded
Foreman Deming y. Smith In voice
that was audible in every corner of the
court room.
grasped her husbands hand. Thaw sat
down Imply beside her. She whispered
comforting words in his ear and told
him she believed from what counsel
had said that there was a good chance
of his being liberated on bail.
Justice Fitzgerald, turning to the
Jurors, said:
Gentlemen of the jury have
deemed 1t my duty to keep you here as
long as there was a possibility of your
reaching a verdict. I have arrived at
the conclusion that 1t will be impossible
for you to do so. have consulted with
counsel for the defendant and the
learned district attorney and l am going
to discharge you from further consider
alton of the case, the public prosecutor
and counsel for the defendant consent
ing to such discharge"
Justice Fitzgerald called on District
Attorney Jerome and Daniel O'Reilly
and Clifford Hartridge of Thaw's coun-
sci to arise and formally enter their
consent.
Then Jerome spoke: "I will ask" he
said. that the defendant be remanded
in custody as before
"The defendant will be so remanded."
ordered Justice Fitzgerald, and Thaw
arose.
ndW 10 DC TICu A9dIH
District Attorney Jerome said there
were reasons which made it necessary
that the January term of court in
which the trial of Harry Thaw was be-
gun should not yet be adjourned sine
die. He asked that such an adjourn
ment should be taken as would comport
with the convenience of the court. JUS
tice Fitzgerald then ordered an adj
journment at 4:34 p. m. until Monday,
April 20.
Mr.. Jerome later said the adjourn
ment until April 20 had nothing to do
with the Thaw case.
The district attorney also stated that
he considered it would be his duty to
put Thaw on trial again.
There are thirty-four homicide cases
in my Office" he said, land fourteen or
fifteen murderers in the Tombs and
they must all have their day in court,
Thaw's case must take it's turn
Asked tonight about report that
Mr.. Hartridge, Mr.. Peabody and him
self had retired from the case, leaving
Daniel O'Reilly as counsel, Mr.. Delmas
said:
"As to thah I have not withdrawn
from the case and have no reason to
believe that either Messrs. Hartridge,
Gleason or Peabody have"
AS to the disagreement of the jury,
he said:
IT know no more about the disagree
ment of the jury than the general pub
lie knows, and it is too early to discuss
plans for the future
Concerning Mr.. Gleasons criticism of
his "dementia Americana" remarks.
Mr. Delmas would only say: II have no
wish to comment on these remarks"
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