The French Broad hustler. [volume] (Hendersonville, N.C.) 1896-1912, 1907-04-18
JURORS IN THE THAW
CASE FAIL TO AGREE
They Are Discharged, Standing 7
For Death, 5 For AcquittaI.
NEW TRIAL SET FOR NEXT FALL

-@OSO ~
Stand to End For Prisoner-Jer.
Ome VIII Oppose Bail-Family
Disappointed.
New York City.-After forty-seven
hours spent in fruitless discussion,
the jury in the trialof Harry K. Thaw
for the killing of Stanford White was
discharged by Justice Fitzgerald in
the Criminal Branch of the Supreme
Court. Contrary to the custom in
d~ischarging a jury, the court did not
thank the twelve men for the trying
work they had done. AS they left the
court house the jurors said they felt
hurt by the coldmanner in which they
had been dismissed.
The jurors on their last ballot, taxi
en- three-Quartcrs of an hour before
their discharge, stood seven for muir
der in the first degree and five for &C
Quittal on the ground of insanity.
Soon after the twelve men retired
they stood eight for murder in the
first degree and four for acQuittal on
the ground Of insanity, but after read
ing Thaw's letters and the will and
codicil the defendant had drawn up
on the night Of his marriage, John S.
Dennee, Juror No. 10, said he had a
reasonable doubt as to Thaw's sanity
at the time Of the shooting, and he
went over to those who voted for &C
Quittal.
Dennee offered to compromise on q
verdict OF manslaughter in the first
degree, but the four jurors who had
voted for acquittal from the first
would not accept the proposition. In
all nine ballots were taken.
Of the seven jurors who voted for
conviction six were willing to compro-
mise on q verdict Of manslaugnter IN
the second degree, but the rest would
not change their views. George Pfan,
Juror No. 2, voted from first to last
for conviction of murder in the first
degree, ~contending that if the de-
PENDANT were sane ct the time Of the
killing he should be sent to the cleo
trio chair.
At no time from the moment the
Jury retired until it was discharged
did Thaw have a chance for freedom.
The Ave jurors who voted for acquit-
tai did SO on the ground of insanity.
Had that verdict been brought in the
defendant would have been committed
to the Matteawan Asylum for the
Criminal Insane, there to remain I'M
til he should be pronounced cured.
District Attorney Jerome told re-
norters that he would place Thaw on
trial again, but not until the fourteen
homicide cases now pending had been
disposed of. This means that the sec
ond trial cannot possibly take place
until late fall or early winter. In the
meantime ThaW must remain in the
r--I- Loooyco M TorNn00 10 9 col H
that he would oppose any motion to
admit the defendant to bail, and it is
scarcely likely that any judge would
grant a motion in face of the District
Attorneys decided opposition.
Mr.. Jerome says there is a POSSIBLE
iEy that a change Of venue may be
applied for. Jerome has his doubts
about that, however, and believes that
a jury can be found in New York
County that will declare Thaw guilty.
Of course, in the event that Thaw
should develop insanity to a marked
degree in the meantime he would be
sent to Matteawan without being
compelled to undergo another trial.
Thaw is in good spirits. 1t was ex-
pected that he would break down and
shout to be liberated. He did nothing
of the kind.
AS soon as the courtroom had been
cleared the Thaw women went to the
pen above the courtroom under the
escort of Lawyer O'Reilly, there to
console Harry. They found that they
needed more consolation than did the
man they had hoped to take to their
home with them.
Mrs. William Thaw AID her two
daughters, Mrs. Carnegie and the
Countess Of Yarmouth, left the court
building in one automobile, Mrs. v
lyn Thaw in another. Mr.. Hartridge
accompanied her. They declined to
say anything for publication. They
were overcome by the blow and too
agitated to speak.
Estimates of the cost of the Thaw
case are as follows:
EvDoDco tc Now York COuntV-