The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-04-13
MAJORITY VOTED FOR
FIRST DEGREE MURDER
Continued from PAGE

in vain. for they succeeded in winning
over to their side Juror Dennee. who
up to that time had voted for COnyic-
ton. The rest Of the jurors, with the
exception of George Pfaff, who had
voted for murder n the first degree, de-
cided that Thaw was Cnly guilty Of
manslaughter in the first degree. The
sixth ballot was taken at 9:25 o'clock
Thursday night and remained I'M
changed. After that there was no bal
let until 1890 o'clock this afternoon,
when all Of the jurors showed that they
were Of the same mind as before ex-
cepting BreaTley. who in addition TO
voting for manslaughter I'm the first de-
gree, added that the defendant should
be recommended TO the mercy of the
court.
Lineup at the End.
THE eighth and last ballot was taken
at 3.4j o'clock this afternoon, and
showed a most remarkable change in
the entire 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
voted for a verdict of manslaughter,
made up their minds that Thaw was
guilty Of murder i'm the first degree and
voted accordingly. This practically
ended the delibera tons of the jury and
the jurors, arriving at the conclusion
that they could never agree, asked to
be discharged.
Never Changed His Mind.
1t will be noticed that the only man
who voted consistently according to his
first opinion was George Pfaff Juror No
- who from Inc first hQlllT adhered
to his BELIEF that Harry Thaw was guilty
of murder in the first degree. Equally
as consistent IN their belief to the con-
uary were Jurors Pink, Harvey. Fraser
and Steele who from the very outset
decided that in their opinion Thaw was
not guilty. These four men. however,
slightly changed heir belief on the last
ballot when in the hope Of winning over
their companions they conceded to acquit
the defendant on the ground of insan-
ity.
The sessions Of the jury were not al
together pleasant and peaceful There
were many stormy arguments and at one
time charges of Inconsistency and break
ing faith with the orders of the court
were made, but at no point OF the de-
libeTatiOns did the foreman lose control
Of the situation. He successfully held
the twelve men in check. and was the
first to suggest when il was evident that
there was no possibility OF verdict be
ing reached. to report the matter TO
Justice Fitzgerald and leave the further
Of the case 10 his judgment"
Plenty of Disagreement.
Wilbur F. Steele juror No. O. said:
There was plenty Of disagreement be
tween the opinions expressed by the jur
ors. We considered insanity i'm many
phases. but did not give the subject OF
wronged womanhood any lengthy debate:
in fact scarcely any. II was touched
upon ana quickly dropped. The question
which was considered at unusual length
was whether Thaw was insane at the
moment he shot and killed Stanford
White. and whether at that moment he
was responsible for his actions
Juror Joseph B Bolton said: There
was no question of the unwritten law
or 'damentia Americana i'm our delibera-
tons. We considered the case from
purely legal standpoint. we were not
sWayed by emotion.
The jury when considering the case
took no stock in brain storms, said
Juror George II. Fecke. we did not
pay an undue amount Of attention TO
the testimony of the alienists, either"
Mr.. Feck added
IL was after Mr.. Dennee had read some
Of Thaws ietters that he decided there
was "A reasonable doubt as to Thaw's
sanity. Dennee then Joined the four men
who stood for acquittal on the grounds
OF insanity.