The Washington times., 1907-03-26

even to talk about It among themselves.
Il is reported he viii move, even al this
late day. for the dismissal Of the jury.
and insist that the case shall be tried
over, if the insanity proceedings non
pending do not end the hearing through
the sending OF Thaw 10 Mattea wan
According to the story told the remark
was made while the juror was playing
pinochle last Saturday night
Jurors Alleged Remark
During the game the Thaw trial came
up casually for discussion. one player
said TO the juror:
I suppose you are tired OF your jOb?"
Yes, l am tired of il, was the re-
ply. I VIII be glad when the whole
thing is over. L have not been able TO
Go any business since that trlal began
rs IL possible your work is hnishedE'
asked another club member. "A COM
mission IN lunaey- may be appointed
now, II seems, which would take the
matter out of your hands
4 don't think So There IS no man on
the jury who does not think ThaW is
sane at present.
Have Carefully Studied Thaw.
The juror then went on 20 state that
during the trial Thaw had been care
fully watched. This study of the defend
ant has led to the conclusion as to his
present sanity. No hint was given by
the juror as TO the view the jurors
might hold on the all-important point
OF ThaW's mental condition al the time
of the killing.
Il is pointed out that the juror quoted
could not have learned the opinion or
his fellows unless Thaw's condition had
been discussed by them. This is IN d.
rect violation OF the judges instruc-
tons. That the juror should have told
how the jury stands is an even more
serious violation of instructions
II the remark can be traced nome 10
a particular juror and proof given jus
Iice Fitzgerald that he really said the
words attributed 10 him, Il is believed
the judge will order the jurors dismissed
without further question
Judges Decision Tomorrow.
II is expected that Justice Fitzgerald
will announce his decision on the appli-
cation Tor a commission in lunacy when
count opens tomorrow. Opinion is d.
Vided as 10 whether a commission will
be appointed or refused. The matter is
one entirely within the discretion Of
the Justice
The district attorney asserts cOntl-
0ence that a commission VIII be- named,
awhile the ThaW lawyers appear equally
confident that a commission viii be re-
fused and the trial proceed Jerome
SAYS that il the commission is refused
be Will press for a verdict of guilty Of
Gleason Withdrew Paper.
There was much speculation today as
TO the contents OF the paper fled with
the court clerk by Lawyer Gleason, and
afterward Withdrawn by him after q
consultation with other lawyers for the
defense. II was stated that il was q
brief, hat that when it was learned
jerome had not filed a brief in support
OF his anidavits. the defense thought II
best not TO file any.
Lawyer Delmas today denied that
there had beer any friction between him
and Thaw during a conference in the
TOmbs. He said he had an exceedingly
pleasant talk with Thaw, and there was
no difference Of any kind
Thaw was in cOntented frame of
mind today. He was confident there
would he no commission appointed, but
If one is named he said he would sub
init to any reasonable tests the com
mission might desire