The daily morning journal and courier., 1907-04-11
THAW JURY FAR FROM
 VERDICT LAST NIGHT
SHORTLY AFTER II O'CLOCK THEY WERE LOCKED UP
 FOR NIGHT.

Hour-No One Connected With the
 Case Ventures Anything Other Than
 Disagreement-Thaw's Wife Stayed
 With Him Until There Was No Hope
 of Verdict Being Reached Before
 Morning-Thaw Much Depressed at
 Close of Jerome's ImpassiOned Att
 tacI1-The Judges Charge.
 New York, April 1O.-Charged with the responsibility of deciding the fate of Harry Kendall Thaw, the jury which since January 23 has been sitting in judgment on the young slayer of Stanford White retired at 517 p. m. to- day to begin the consideration of the evidence adduced at Thaws long trial. Six hours later they had failed to reach an agreement, and shortly after Il D. m. were locked up for the night in the jury room of the criminal courts build ing. Justice Fitzgerald, who had been waiting for some words from the jury room, became convinced at that hour that the chances of receiving verdict tonight were too remote to warrant his remaining up any later. He had earlier in the evening gone to his club uptown and had held an automobile in readi- ness to make quick trip to the court house should he be needed. His in- structions regarding the locking up of the jury were given by telephone.
 It was said when Justice Fitzgerald S message was received at the court house the officers on duty there put the matter, up to the jurors themselves, asking if there was the possibility of their arriving at a verdict within the next few hours
 The reply from the jurors room was strongly negative. The jury was said to be almost hopelessly divided, and none of those connected with the case tonight would venture the hope of anything better than a disagreement as the climax of the ng-drawn-out and expensive trial.
 Harry Thaw sat in the prisoners pen adjoining the deserted court room dur ing the jury's deliberations By his
  remained with him until ali hope of a verdict tonight was abandoned. Dur sng the early evening all of the Thaw family were with the prisoner, but be Tore 10 o'clock they made their way to thelr hotel
 Thaw, who was much depressed at the close of District Attorney Jeromes impassioned attack upon him as a ''cowardly, brutal murderer-a rich il- literate who always had had his own way until he fell into the clutches of the law'-revived in spirits as the eve ming wore on and the chances of an unfavorable verdict became more and more remote. He seemed reluctant to wend his way back over the dimly- lighted Bridge of Signs to his cell in the Tonbsto say good night to his wife.
 The disagreement of the jury is the most unfavorable outcome that Thaw had at any time anticipated during the progress of the trial. His family and counsel were much alarmed this after noon, However, lest the jury, under Jus tice Fitzgerald's charge, might find a verdict of some less crime than murder in the first degree. The prisoner did not share this gloomy outlook, and laugeh and joked to dispel the serious looks upon the faces of his aged mother and youthful wife.
 Justice Fitzgerald is not expected at the courthouse tomorrow until 10:S0 a., m, the usual hour for the court ses- sions to be convened. If the jury should earlier notify him of an agreement he might consent to come down at an ear- Her hour, but this is not considered at all likely.
 The general public which stormed the doors of the courthouse by hundreds during the closing hours of District At torney Jerome's speech to-day quickly reached the conclusion that verdict would not be possible tonight and dis persed soon after the jury had retired. During the late evening the streets about the criminal courts building and the corridors of the structure itself were all but deserted.
 Chaplain wade of the Tombs visited Thaw in the prisoners pen shortly be- fore Il o'clock tonight. He and Thaw have become firm friends since the lat ter was incarcerated.
 One of the prison guards with Thaw tonight received word from his home that his little girl who has been i'll for several days, was very low. Thaw turn ed to him and expressed the greatest sympathy.
 You are in a worse predicament than I am, old man." he said to the guard, land I am very sorry"
 Judge's Charge.
 Justice Fitzgerald began his charge to the jury by saying: Gentlemen of the jury: It now becomes my duty to give to you such instructions upon tn claw as are necessary to enable you to per- form your duties as jurors and to define to you the legal guides by which you are to be governed in considering the evidence and reaching your conclu- sions.
 "It has been particularly gratifying to me to realize that you were selected by the people and by the defendant as fair-minded men after the examination of 337 talesmen and before tn eperemp- tory challenges allowed by law had been exhausted.
 Let me impress upon you the inn portance of the issue you are to decide. The life of a citizen within the protec- tion of the law, it is charged, has been
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