Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1907-04-18
After 4S Hours Delibsration, They
Failed to Reach a Verdict
in the Thaw Case.
CONVICTION I, ACQUHTAL 5
Tho Prisoner Was Remanded Back to
Jail Without Ball and New Trial
Can Hardly Take Place
Before Fall.

vided-eeyen Tor 0 VerulcI VI Buiit5
al murder In the first degree and five
Cor acquittal on the ground OF insan-
ity-the jury which since January 20
last had been trying Harry X. Thaw,
reported Friday after n hours and 8
minutes Of elaboration that It
could not possibly agree on a verdict.
The twelve men were promptly dis
charged by Justice Fitzgerald, who
declared that he, too, believed their
task was hopeless. Thaw was re-
manded to the Tombs without ball to
await second trial on the charge OF
having murder Stanford White.
When this new trial would take
place no one connected with the case
could express an opinion. District
Attorney Jerome declared there
were many other persons accused OF
homicide awaiting trial and Thaw
would have to take his turn with the
rest. As to a possible change OF
venue, both the district attorney and
counsel for Thaw declared they would
make no such move. Thaw's attor-
news will have conference Saturday
with the prisoner to decide on their
next step. They may make an early
application for bail. Mr.. Jerome said
ne would strenuously oppose 1t. He
added the belief that as seven OF the
Jurors had voted for guilty" his OPP
position probably would be successful.
In that event Thaw has another long
simmer before him In the city prison,
for his case on the already crowded
criminal calendar can not possibly be
reached until some time next fall
The scenes attending the announce
nent BY the Jury Of It's inability TO
agree were robbed Of any theatrical
fsm by general belief that after their
Tong delibefation and the reports OF
a wide division Of sentiment, the jur-
Ors could make M other report than
one Of disagreement
The courtroom itself was half emp
~. Only the newspaper men, the
court attaches and few favored
friends were allowed to enter to hear
the verdict Justice FITZGERALD feared
a demonstration Of some sort should
the general public be admitted and
ne gave strict orders against this.
II was ABS o'clock when the Jury
filed into the courtroom
Harry Thaw had been waiting for a
summons to face the Jurors ever since
shortly after 10 o'clock Friday morn
ing. He felt that the day would bring
q crisis and either a verdict would
Be reached or Justice Fitzgerald would
discharge the Jurors from any further
consideration Of the case. This was
the general belief and the only re-
markable feature Of the case was the
logged manner in which the Jurors
continued at their task and declined
% ask to be excused. Justice Fltz-
gerald had determined to let them
fight It out among themselves until
they should call for assistance. This
appeal came at AIS o'clock and then
followed a hunt for counsel both Dis
trict Attorney Jerome and the attor-
neys for the defendant having tenn
porarily left the building When they
arrived, Justice Fitzgerald notified
them Of the jury's communication
that a disagreement seemed newt.
able Every one connected with the
case seemed willing to accept the sit
uation as offering no hope, and then
followed the brief courtroom proceed
ings at which the disagreement was
publlcaly announced" the jury dis
missed and the prisoner remanded.
EnterinE the courtroom at 1925 p. m.
the Jury was free eight minutes later
Thaw when he had returned to the
Tombs gave out the following state.
ment.
Il believe that every man in the
fury possessing average intelligence,
excepting possibly Mr.. Bolten, com
pretended the weight Of evidence and
balanced It for acquittal. All my
family bid me goodbye with courage,
I trust ID. W we may all keep well.
To his attorneys Thaw said he was
deeply disappointed.
'But could hardly expect anything
else in view Of the events Of the last
few days." he added.
Earlier in the day Thaw had given
ont another statement In which he
said he had desired that his fate
should be judged on the written"
laws Of the state Of New York. He
declared that he believed the evidence
adduced had convinced even District
Attorney Jerome OF his Innocence I'M
DER the strict letter or the law.
Attorney Dolphin N. Delmas, who
conducted ThaY's case IN court and
who IN MAKING his summing up'au-
dress to the jury appealed almost d.
rectly to the "unwritten law or ode
mentla Americana" as he termed Il
vas not IN court when the pury made
ifs report and vas discharged
Clifford ". Hartridge, the attorney
Of record and warm personal friend Of
Thaw, save the following statement
to the Associated Press;
HMr. Thaw has already expressed
hlnssif denlirous Of trial under and