The Montgomery advertiser., 1907-04-12
JURORS WRESTLING
 WITH THE 7TzA " CASI:

at issue with one another. There was nothing in their demeanor to denote that they had reached any sort of con clusion.
 Harry Thavv Hopeful. N Newspaper mon called at the Tombs early today and sent a message to Harry Thaw'ss cell asking him, how he felt. He said he was till confident and hopeful of . favorable outconde. It was said that Thaw had good nights rest after returning to his cell shortly be- fore midnight.
 The guards at the Tombs said Thaw was packing up his effects. ready to should he be acquitted. When the jury returned to the criminal court building after breakfast they went at once to the jury room and again took up their deliberations.
 Members of the Thaw family began to arrive at the criminal courts build ing shortly after 10 o'clock. In one automobile were Mrs. William Thaw. the Countess of Yarmouth. Mrs. George H. Carnegie and Edward Thaw, who went at once to the witness room ac- joining Justice Fitznerald's chambers. The judge came in few minutes later. When Justice Fitzgeraid went to his chambers the court officers told him no word had come from the jury room.
 Evelyn Nesbit Thaw made her ap- pearauce at the court house within fff- teen minutes after the other members of the family had arrived. Through the heavy black veil she wore it could be plainly seen she was unusually pale. She <slked as though much fatigued.
 At l0:30 the newspaper men were admitted to the court room through the judges private entrance. but the doors were not opened to the public Dfs- triot Attorney Jerome and the lawyers of <the defense were summoned to the room. --= .s t
 Jury Asks for Exhibits.
 A few minutes later the jury asked for some of the exhibits and the dis trict attorneys messenger delivered to the officers in charge of the jury all the exhibits in the district attorneys possession, including the large photo- graphs of Evelyn }Nesbft which she Identified as having been taken the day she said White outraged her.
 At 10:5s the judge took the bench and the jury was called into the court room. f
 A minute later an officer was sent to room
 The fury asked the judge to give them six of the exhibits in the case. including the plan of the roof gar den.
 After reading the newspapers and just before coming before the court. Harry Thaw sent a note to the news paper men saying that there were so many misstatements in the newspaper that he would like to give out a state ment that would be official. It was as follows: ~
 T am told that 1t Is, impossible to tell what any jury will .do so I am at- tending to my ordinary af{airs. but preparing for the best, as it Is simpler. to unpack my things if necessary than it would be to return here for them if the verdict is favorable.
 T had a very good cold bath. The bath room is always filled with fresh air in the early morning. with the same temperature as outdoors. Next I mad weak coffee and rolls, as usual. These details must have interest plus as they are often mistold.
 Harry K. Thaw."
 The Thaw jury asked Judge Fitz- gerald to be allowed to examine the following exhibits:
 Plan of Madison Square Roof Gar den. ks
 The letters from Thaw to Attorney Longfellow.
 The Thaw will and codicii.
 The Comstock letter. t
 DeImas' hypothetical question.
 The jury also asked to have the tes- tjmony of Mir. Cohen, one of the eye Witnesses for, the people, read to them.
 Justice Fitzgerald ordered it read.
 Meyer Cohen Is the witness whom MT. Delmas quoted as having testified that Thaw threw his arms out in the figure of g. cross. after killing Stan ford White.
 The jury also asked that the testi- mony of Harry s. Blaise. another eye witness of the tragedy. be read to them, and this was ordered done.
 Had m Armful of Papers.
 All the members of the Thaw fam fly were in court. Thaw came in car rying an armful of papers he had been industriously reading.
 The jury's action is taken to indi- cate there is still a possibility of a verdict being reached. though not soon.
 The testimony of Paul Brudy, the fireman who took the revolver from Thaw immediately after the killing. the testimony of Gordon Paxton, the engineer of the Roof Garden.
 The action of the jury in asking for the testimony of the witnesses of the tragedy led to many conjectures. One of these was to the effect that the jury wanted to fix in It's mind either question of deliberation and premedi- tation on Thaw's part or else the ra- tionality or irrationality of his acts
 Brudy Is the fireman who disarmed Thaw.
 The plan of the garden was held up for the inspection of the jurors as the testimony was read to them.
 The jury then asked for the testi- mony of James Clinch Smith. Stanford Whites brother in Jaw, who had a long conversation with Thaw on the roof garden a few minutes tbefore the shooting.
 Mr. Smiths evidence was read
 Soon after the jury retired Evelyn Thaw, accompanied by MT. OReilly of Thaw's counsel, left the court house for luncheon. The crowd in the street was so anxious to get close look at her that she was almost swept off her feet, and MT O'Reilly was forced to fight his way through the crowd for her.
 Family Needed Protection.
 When the other members of the Thaw family left the building, 1t re- quired several policemen to protect them from the curious oneA
 When Evelyn, ,Thaw returned to the court house the street was damned with people and the police had to be called upon to make passage for her. Hundreds of people. many of them women, fought to get close to her. Scores rushed into the court house. surrounded the elevators and rushed up the stairs in an effort to see her.
 When the court room doors we've opened for the second time during the day. shortly after 3 o'clock and it was announced that he jury was about to enter, excitement in the criminal courts building was at high pitch. All the members of the Thaw family