Omaha daily bee., 1907-04-13
UNwRITTEN LAW WAS MOI CONSIDERED
Juror Says All Discussions We're Based on
the violence.
SECOND TRIAL MAY BE LONG DELAYED
Defendant Must lake Turn with Othsu
CHARGED with Homicide.
J-EoMs WILL oPPO,e ALLOWING BAL
Bases Decision on Ground that More
Than Half the Jury voted
for Murder In First
Degree.

/
NEW YORK, April l2-Hopelessy dl-
Vided-Scven for verdit of guilty of MUIR
/ der in the first degree and five for acquittal
on the ground of insanity-the jury which
since January 3 last had been trying
Harry IL Thaw, reported today after forty
seven hours and eight minutes of delbera-
ton that 1t could not possibly agree on a
verdict The twelve men were promptly
discharged by Justice Fitzgerald. who de-
clared that he, too, believed their task was
hopeless. Thaw was remanded to the
| Tombs without bail to await second trial
on the charge of having murdered Stan
/ ford White
/ When this new trial would take place no
/ one connected with the case could tonight
express an opinion. District Attorney Je-
rome declared there were many other per-
sons accused Of homicide awaiting trial
and Thaw would have 10 take his turn
with the rest. As to "a possible change OF
venue, both the district attorney and coun-
sci for Thaw declared they would make no
such move. Thaw's attorneys will have a
conference tomorrow with the prisoner to
decide on their next step.
jerome VIII Oppose Rail.
] They may make an early application for
bail Mr. Jerome said he would strenu-
ously oppose it. He added the belief that
as seven Of the Jurors had voted for
/ guilty his opposition probably would be
successful In that event Thaw has an
other long summer before him in the city
prison, for his case on the already crowded
criminal calendar cannot possibly DO
I reached until some time next fall.
The scenes attending the announcement
! by the jury OF the inability to agree were
robbed OF any theatricalism by the general
belief that after their long deiberation aud
the reports of a wide division Of sentiment
the jurors could make no other report than
one OF disagreement
Defendant Almost CoIInpses.
| Thaw, surrounded by the members Of his
+ family, received the news in absolute
silence. When It became known that the
} jury was about to make its report Thaw
/ called his wife 10 seat by his side and
| sat with his right arm thrown about her
until he was commanded to stand and face
the jurors Smiling and confident as he
| entered the court room, he sank Imply
| into his chair when Foreman Deming b.
| Smith, in response to a question by Clerk
| Penny as to whether verdict had been
agreed upon, said: I'VE have not"
The mother, her face hidden behind a
dense veil Of black, sat stolid and notion
less In i'll health of late she had felt Sc
verely the strain and stress OF the long
hours Of anxious waiting. The wife
gripped her husbands hand tight as the
jury foreman spoke, and then, when he
sank down by her side, she tried to cheer
him as best she could by saying that she
believed he would now be admitted to bail
and that a second jury would surely set
him FREQ. The mother, the sisters and the
brothers pale and well-nigh exhausted by
their tedious, nerve-racking wait for a YER
dict We're permitted to speak with Thaw
for a few moments, TO bid him be OF good
cheer before he crossed the Bridge Of
sighs," TO the cell, which, until a few mo-
ments before he hoped he was about to
quit forever.
Outside the criminal courts building only
a few hundred persons were gathered.
Thousands had been there earlisr in the
day. but police reinforcemeuts had arrived
with instructions to keep everyone moving
and this had soon tired the idly curious
into willingness 10 depart
Crowd Excluded from Court Room.
The court room itself was half empty.
Only the newspaper men, the court at
taches and few favored friends were al
lowed TO enter to hear the verdict Jus
tice Fitzgerald feared a demonstration OF
some sort should the general public be ad-
mitted and he gave strict orders against
this.
1t was 4:25 when the jury filed into the
court room. Harry Thaw had been waiting
for a summons TO face the jurors ever
since shortly after 10 o'clock this morning.
lie felt that today would bring a crisis
and either a verdict would be reached or
Justice Fitzgerald would discharge tho
Jurors from any further consideration OF
a. I'll
the only remarkable feature Of the case
was the doEged manner IN which the iur-
ors continued at their task and declined to
ask to be excused.
Justice Fitzgerald had determined 10 LET
them fight it out among themselves, until
they should call for assistance This appeal
came at 4I5 o'clock and rnen followed q
hunt for counsel both District Attorney
Jerome and the attorneys for the defend
ant having temporarily left the building
when they arrived Justice Fitzgerald uotl-
fed them that a disagreement seemed in
ovitable. Every one connected with the
case seemed to accept the situation as offer
Ing no hope, then followed the brief
court room proceedings when the jury was
dismissed and the prisoner remanded En-
tering the court room at 4.25 p M, the
jury was free eight minutes later.
Statement by Thaw.
Thaw when he returned 10 the Tombs.
gave out the following statement:
1 believe that every man in the jury
possessing average intelligence. excepting
possibly Mr.. Bolton, Compreheuded tho
weight OF evidence and balanced IL for
acquittal All nay family hld me goodby
keep well.
To his attorneys Thaw said he was
deeply disappointed.