Northern Wisconsin advertiser. [volume] (Wabeno, Wis.) 1898-1925, 1907-04-18
Famous Trial of no Avail, Seven Jurors
Voting for Electric Chair and
Five for Acquittal
California Attorneys Use Of Term Dementia
Americana Deemed to Have Hurt
Defense May Ask Change Of Venue : Second
Trial Next Fall

To his attorneys Thaw said he
was deeply disappointed.
but | could hardly expect anything
else in view of the events of the
past few days." he added. Earlier
in the day Thaw said ne would pre-.
fer that his fate be decided upon the
written laws of the state.
Attorney Delmas, whose summing
up was based upon the unwritten
law, was not in court when the Jury
made its report and was discharged.
Rap at Mr.. DeImas.
| Last night Clifford w. Hartridge,
attorney of record for Thaw, gave
out statement in which he said
that lhaw has already expressed
himself DESTROYS of trial under and
in accordance with the laws of the
state" and declared he entirely
agreed with him and hoped that the
next time it will not be necessary
for the presiding Judge to have 10
charge the jury that we are living In
a civilized community"
Eight Ballots Cast.
The story of the proceedings IN
the jury room, as they were learned
last night, far outranked in interest
the court proceedings which brought
the famous trial to close. It de-
veloped that the jury had considered
everything connected with the case
| ha
vote was to in favor of conviction.
linen the jury tried to reach a YER
dict of manslaughter in the first de-
gree. Three favoring acquittaI,
largely on the ground of insanity, it
is sald, would not change their bal
lots and in the end won over TO
their side one of the eight who ia
vored conviction Eight ballots in all
were cast.
The entire story of what trn.spired
III the JuIy ,com WIS told ~ one Of
the jurors, Henry G. Harvey, manu-
facturer of pianos. The final ballot
was:
How the Jury Stood.
|
degree:
Deming B. Smith, foreman.
George Pfaff
Charles H. Fecke.
Henry C. Brearley.
Charles D. Newton.
Joseph B. Bolton.
Bernard Gerstman.
For acquittal on the ground of in.
sanity:
Oscar A. Pink.
Henry c. Harvey.
| Malcolm S. Fraser
| Wilbur F. Steele
John s. Dennee.
Story Of the Jury Room.
Harvey said: "Abou. 10 minutes
after we reached the jury room we
took the first ballot and it resulted in
leight for conviction, in the first de
gree, and four for absolute acquittal
The men who voted for conviction
were Smith, foreman; Pfaff Fecke
Brearley, Dennee. Bolton, Newton
and Gerstman. The men who voted
to set Thaw free we're Pink. Harvey
Fraser and Steele"
Half an hour later the second bal
lot showed 70 change, and the third
ballot was the same. The fourth bal
lot. taken Thursday after having the
Testimony re-read, resulted seven for
first degree, four for acquittal, and
lone, Gerstman. for manslaughter.
One Changes to Acquittal.
"On the fifth ballot Dennee changed
to acquittal. The rest OF the jurors.
lexcept Pfaff, who had voted for muir
der in the first degree, decided that
lThaw was only guilty OF manslaugh-
tier in the first degree. There was no
Ichange on the sixth ballot The sew
Ienth ballot was taken at 1920 yester-
lday afternoon. All the jurors showed
lthey were OF the same mind as be-
fore excepting Brearley, who in addi-
ltion to voting for manslaughter in the
first degree added that the defendant
lshould be recommended to the mercy
of the court.
Settle Back to First Opinion.
Inc eigntn ana last Ddllot was
taken at 3:45 in the afternoon and
showed most remarkable change in
the entire jury. The FIVE who had
voted for absolute acquittal changed
their ballots TO not guilty on the
ground OF insanity. but the remainder
of the jury. all OF whom, wits the ex-
'ception Of Pfan. had voted fer man