Los Angeles herald., 1907-04-11


tive.
The jury was said to be almost hope
lessly. divided and nobody connected
with the case tonight would venture
the hope of anything better than a
disagreement as the climax of the long
drawn out trial.
Thaw's Spirits Revive
Harry X. Thaw sat in the prisoners
pen adjoining the deserted court room
during the long hours of the jurys
deliberations. BY his side was his wife
and his counsel, who remained with
him until all hope of a verdict tonight
was abandoned. During the early
evening all of the Thaw family were
with the prisoner, but before 10 o'clock
they made their way uptown to their
hotel
Thaw, who was much depressed at
the close of District Attorney Jerome's
impassioned attack upon him as a cow
ardly brutal murderer-a rich illit-
crate who always had had his own way
until he fell into the clutches of the
law, revived in spirits as the evening
wore on and the chances of an un-
favorable verdict seemed to him to be-
come more and more remote.
He was reluctant to wend his way
back over the dimly lighted bridge of
sighs to his cell in the Tombs to say
good night to his wife.
The disagreement of the jury is the
most unfavorable outcome that Thaw
at any time has anticipated during the
progress of the trial. His family and
counsel were much alarmed this after
noon, however, lest the jury, under JUS
tice Fitzgerald's charge, might find
verdict of some less crime than muir
der in the first degree. The prisoner
tonight did not share this gloomy out
look and laughed and joked to dispel
the serious looks on the faces of his
mother and wife.
Justice Fitzgerald is not expected at
the court house tomorrow until 10:30,
the usual court session hour. If the
jury should earlier notify him of an
agreement he might consent to come
down at an earlier hour, but this is not
considered at all likely.
Family with Prisoner
In the life of Harry Thaw this day
will go down as the most trying he has
ever experienced. From the opening of
court until the jury retired the family
sat with him.
Beginning with Jeromes final argu-
ment and throughout the judges charge
Thaw had to listen to a Scathing attack
upon his character and to a narrative
drawn from the evidence which was
meant to strip his deeds of the halo
of chivalric glory which his own at
torneys had thrown about them.
The judges charge, lasting about an
hour, was a concise statement of the
law and gave to the jury the alterna-
tive of rendering any one of the follow
ing four verdicts-murder in the first
degree, murder in the second degree,
manslaughter in the first degree, or not
guilty on the ground of insanity.
The statute governing the plea of in
sanity was defined clearly, much stress
being laid on the fact that an ire
sistible impulse to kill had no place in
the law.
Altogether the charge, while consist
ing principally of a complete eXplana-
tion of the law, was considered by
those who have followed the trial as
adverse to the defendant. The attor-
neys for the defendant took exceptions
because the judge had failed to include
any of their requests.
Thaw was much depressed by the
judges words and could not suppress
his feelings. He left the court room
detected.
FSrcefuI Review
The district attorneys summing up
was comprehensive and forceful re-
view of all the evidence adduced. He
declared at the outset that romance
and sentiment did not enter into the
issue; it was not a question of STAN
ford Whites character or Evelyn
Thaw's suffering; it was a plain, mat
ter of fact homicide; a common, cow
ardly Tenderloin murder" as he termed
1t.
The novel plea of "dementia Ameri-
cana" made by Attorney Delmas at the
close of his argument was attacked by
the district attorney and he repeatedly
referred to it in tones of sarcasm.
Mr.. Jerome dealt mercilessly with
Evelyn Thaw, TO whom he referred as
the angel child" and to Thaw, whom
he termed alternately as "St. George"
and Sir Galahad."
After the case had been given to the
jury Mr.. Jerome's attention was called
to the nervous state of the defendant
Discussing the situation with a num-
ber of friends the district attorney SAID,
referring TO Thaw:
THE poor fellow thought the Judge
would simply tell the jury to let the ST.
George and Sir Galahad business go
and that's all there would be to it. |
know you understand he is sitting in
his cell, all in a mess, his head bowed
worrying about the outcome I'm
really sorry for him, but more so
for his mother"
Remain with Prisoner
The Thaws remained in the court
house for short time after the Jury
retired and then the family, with the
exception of the younger Mrs Thaw,
returned to their hotel for dinner. The
young wife remained and had dinner
with Attorney OReilly at a nearby
restaurant. The others returned short
ly after 8 o'clock and went to the
Tombs' waiting room.
No Chance for Early Verdict
The jury returned to the court house
from dinner at 1852 p. m. and immedi-
ately went 10 the consultation room
where they continued the discussion of
the verdict.
When ii became apparent that there
was no possibility of a decision being
reached by 8 p. m. Justice Fitzgerald
went home and left word that he would
return whenever the jury desired.
The court room was emptied and the
doors were locked. AS time wore ON
the crowd awaiting the verdict grew
smaller and smaller. At last the court
house was nearly deserted, only the
/ uf.ftape