The daily morning journal and courier., 1907-04-13
JURY DISAGREES.
Continued from Third Page.)

lowing (Thursday) afternoon. This was several hours after the jury had appealed to the court for a re-reading of the testimony given by eye witnesses of the tragedy. The fodrth ballot marked one change in the vote. Four of the jurors still held out for acquit- tal but of the rest, Bernard Gerstman, the twelfth juror, changed his vote from murder in the first degree to that of manslaughter in the first degree. About two hours later a fifth ballot was taken and this showed a decided change on the part of the jurors who voted for vonviction. It also proved that the effort of the four jurors who voted for an acquittal had not been al- together in vain for they succeeded in winning over to their side Juror Den nee, who up to that time had voted for conviction. The rest of the jurors, with the execution of George Pfaff, who had voted for murder in the first degree, decided that Thaw was only guilty of mansiGughter in the first de- gree. The sixth ballot was taken at 9:25 o'clock Thursday night and re- mained unchanged After that there was no ballot until 1920 this afternoon, when all of tn ejurors showed that they were of the same mind as before ex- cepting Brearley, who in addition to voting for manslaughter in the first de- gree, added that the defendant should be recommended to the mercy of the court,
 "The eighth and last ballot was taken at 9:25 o'clock this afternoon and show ed most remarkable change in the en- tire jury. The five men who had voted for an absolute acquittal changed their ballots to that of not guilty on the ground of insanity in the hope of win ming over their colleagues, but the re- mainder of the jury, all of whom with the exception of George Pfaff, had vot- l ed for a verdict of manslaughter, made up their minds that Thaw was guilty of murder in the first degree and voted accordingly. This practically ended the deliberations of the jury and the jur- ors arriving at the conclusion that they could never agree, asked to be dis charged
 Tt will be noticed that the only man who voted consistently accordin to his first opinion was George Pfaff, juror No. 2, who fro mthe very first ballot adhered to his belief that Harry Thaw was guilty of murder in the first de- gree. Equally as consistent in their belief to the contrary were Jurors Pink, Harney, Frazer and Steele, who from the very outset decided that in their opinion Thaw was not guilty These four men, however, slightly changed their belief on the last ballot when in the hope of winning over their com panions they conceded to acquit the de- fendant on the ground of insanity. The | sessions of the jury were not altogether pleasant and peaceful. There were many stormy arguments and at one time charges of inconsistency and breaking faith with the orders of the court were made, but at no point of the deliberations did the foreman lose control of the situation He successful | ly held the twelve men in check and was the first to suggest when it was seen that there was no possibility of a verdict being reached that they report the matter to Justice Fitzgerald and leave the further disposition of the case to his judgment"
 Wilbur F. Steele, juror No. 9, said. l There was plenty of disparagement between the opinions expressed by the | jurors. We considered insanity in many phases, but did not give the sub | 1ect of wronged Womanhood any lengthy debate, in fact. scarcely any. 1 It was touched upon and quickly dropped The question which was con- sidered at unusual length was whether | Thaw was insane at the moment he shot Stanford White. and whether at that moment he was responsible for his actions"
 Juror Joseph B. Bolton said:
 There was no question of the un- written law or of "dementia Ameri- cana" in our deliberations. We con sidered the case from a purely legal standpoint. We were not swayed by l emotion.
 "The jury when considering the case took no stock in brain storms said Juror George H. Fecke. "We did not pay an undue amount of attention to the testimony of the alienists either"
 Mir Fecke said 1t was after Mir. Dennee had read some of Thaw's let ters that the latter decided that there was a reasonabl edoubt as to Thaw's s sanity. Dennee then joined the four men who stood for acquittal on the I grounds of insanity.
 MT OrReilly of Thaw's counsel to- night said:
 l VI confess that I am disannnlnted. I