The daily morning journal and courier., 1907-04-12
THAW JURY LOCKED UP
 UNTIL THIS MORNING
THIRTK-ONE HOURS OF DELIB- ERATION FAILS TO BRING
 4 VERDICT.

Justice Fitzgerald Has Not Given Up
 Hope-BeIief, However, Grows That
 a Disagreement Will be the Result
 of the Long Drawn Out Trial-Mem-
 bers of Thaw Family CrestfalIen-
 Action of Jury in Twice Asking To
 Have Portions of Testimony Read to
 Them Causes Wide COmment-NO
 Truth In Rumors as to How Jury
 Stands.
 New York, April 11.-Thirty -one hours of deliberation and no verdict. Such was the condition of affairs at 11:4O o'clock tonight, when the Thaw jury was ordered locked up for sec ond night at the criminal courts build ing. The fact that they had not been able to agree after devoting so much time to study and discussion of the case has given rise to the belief that the trial will end in a disagreement and the whole affair will have to be gone over again.
 Although the twelve men have thus far failed to reach a common opinion, and to all appearances are hopelessly at sea, Justice Fitzgerald has not giy- en up hope of having a verdict render ed As yet Deming B. Smith, foreman of the jury, has not complained to the court that the jurors are unable to hoa6 cp it is not likely that Justice Fitzgerald will discharge them.
 The general impression prevails that if the twelve men reunable to agree at the expiration of forty-eight hours they will be released from further ser vice. The very fact, however, that no intimation has been received from the jury room that the men are unable to agree has been construed by many who have followed the proceedings closely as an indication that a verdict will eventually be reached.
 The mother, wife and the two sisters and brothers of the defendant were in the criminal courts building up to the last minute, and when it was finally announced that the jury had been lock- ed up over night, and there was no longer any prospect of verdict be- fore tomorrow, they returned to their hotel crestfallen. They had hoped and looked for a decision to-day, and the news that they would have to pass another night in doubt and anxiety was received with keen disappointment.
 Twice to-day the twelve men who took their places in the jury box more than two months and half ago. filed into the court room, and asked the as- sistance of the court in an endeavor to bring about an agreement.
 They appeared wan and haggard aft CT wrangling through all of last night in the stuffy little conference room at the criminal courts building with only hard chairs and one long table pro vided for their comfort. The jurors wanted to hear again the evidence of numerous witnesses to the tragedy; they wanted to hear what Dr. Allan McLane Hamilton had been allowed to testify to as to ThaW's condition the night of the tragedy; they wanted to hear what Evelyn Nesbit Thaw had said as to her husbands conduct that evening; they wanted to have repeated again the conversations ThaW had with James Clinch Smith just before he committed the homicide; they wanted to hear several portions of Justice Fitzgeralds charge once more, and fin- ally they asked permission to take pos- session of all the writings of ThaW which had been introduced into the trial as indicative of the defendants state of mind when he heard the story of Evelyn Nesbit's alleged wrongs at the hands of the man who was 10 be- come his victim.
 All of these requests were gladly granted by the court, but when Fore man Deming B. Smith, on behalf of the jury, asked that certain portions of the summing up address by Dolphin M. Delmas be read, Justice Fitzgerald called halt. He admonished the jur- ors that they were to be guided by the evidence, and were not entitled to hear again the closing speeches of the law yers.
 Harry Thaw's family-his white-hair- ed mother, his pale, young wife, his sisters and brothers-remained at the courthouse until late in the night. They visited the defendant on several occa- sions in, the prisoner pen on the floor above the court room. Their purpose was to cheer him, but he apperaed by far the most cheerful of the group. The mans confident air seems never to leave flim for any great length of time, and a buoyancy of spirit is nearly al- ways apparent. Few men accused of murder in the first degree have awaited the sealing of their fate with the calm ness and happy-go- lucky manner which has characterized Harry Thaw since the jury retired at 5:17 on Wednesday afternoon.
 There were all sorts of rumors and guesses in the air to-day as to now the jury stood. There were more different reports as to the results of the ballots than there could possible have been test votes taken None of the reports had any degree of authenticity. Some were uttered in jest by prominent fig ures connected with the trial and occa- sionally these were taken in deadly earnest by persons who overheard them.
 The action of the jury in twice going before Justice Fitzgerald and to have certain portions of the testimony read to them was widely commented upon, and naturally caused much speculation. It seemed evident that the jury's delib- erations were hinging upon the ques- tion of the sanity or insanity of the defendant as shown by the defense.