The Montgomery advertiser., 1907-02-15
DEATH STOPS THAW TRIAL Wifefof Juror Bolton vRENENr TILL MONDAY " -
 ,ther Eleven Talesnen Allowed to {, Visit Their Homes. Interruption Comes soon After Pro-
 ceedings for the Day Had Been Opened. With pr. Evsns
 still on stand.
7 URHMENr TILL MONDAY
Interruption Comes soon After Pro-
 ceedings for the Day Had Been

New York, Feb. 14.-owing to the death of the wife of Joseph H. Bolton. one of the jurors the trial of Harry K. Thaw. was this afternoon post poned until next Monday morning.
 Mrs. Bolton had been Ill several days with double pneumonia. Her husband, juror number Il. who nad been locked up with the eleven other jurors for more than three weeks. was allowed to visit his home twice yesterday and again early today
 Mir. Bolton was in hia place in the jury box when court convened today, but it was known that his wife's con- dition was so critical that he might be called away at any moment. The session had been in progress less than fifteen minutes with Dr. B. D. Evans, the aIienist, continuing his di- rect testimony when the summons to the juror came. His home is far up in the Bronx and when MT. Bolton got there he found his wife all but dead. She had been kept alive by oxygen until he arrived, but expired within an hour after he reached her bedside.
 It was agreed. on motion of District Attorney Jerome, Thaw's attorneys concurring, that the other eleven Ju- TOTS in the case should not be kept under lock and key longer but should be allowed to return to their homes, pending the resumption of the trial Monday morning.
 .Thaw was brought in to hear the order for adjournment. He seemed somewhat downcast at the turn of affairs. but in common with every one else In the case, declared he felt the. deepest sympathy for the juror.
 MT. Jerome in moving for the ad- fourur1aant darlaraA that n kaan fha other jurymen away from their homes during the delay would be more of 8 hardship than had been contemplated when the rule at the beginning of the trial was invoked. He said it was with the consent of the defen- they be allowed now to return to their home life.
 Mir. Hartrfdge formally entered the consent of the defense.
 No Reelection fin Ruie. Justice Fitzgerald then addressed the sarors. explainIag to them tfiat the rule Keeping them together had not been adopted with the idea of casting the slightest reflection upon them in any way,
 .eThe action was hot taken" he cam tinued upon the separate recommen- dation of either side but upon the agreement of both sides, and for req 
 and excellent alike to the interests of the defense and the people.
 "It would have been well if the rule could have been adhered to until the end of the trial, but this unfor- tunate occurrence has prevented 1t.
 You will he allowed to return to your homes now; but let me appeal to your honor to not read any news paper stories of the case. not to speak to anyone about the case and not al- low anyone to speak to you.
 T trust you may not he submitted to any annoyance: guide yourselves according to the dictates of your hon. or and your oaths; You will return here Monday morning, at which time I hope We may be able to continue the case"
 After the jury left the room Dis trict Attorney Jerome announced to the court that the attorneys for both sides had agreed that the testimony of pr. Deemar of Kittanning. Pa, and Dr. Bingamon of Pittsbuprg, shoud be taken in the form of depo ,itions, that they might return to their homes These doctors, 1t is said, will tes- tify regarding insanity in both sides of Harry Thaw's family.
 The statement in court that counsel for the defense and prosecution had considered the proposition of taking the depositions Of Doctors Bingamon and Deemar. tho Thaw family phy- sicians. during the enforced recess. which was endorsed by Justice Fitz- gerald, subsequently, was modified.
 MT. Hartridge, of the counsel for Thaw, said ahat the defense had de- cided that 1t would be of greater ad- vantage to have the physicians testi- fy in court. Mir. Hartridge said that what they have to say would be of materially greater advantage if told to the jury by word of mouth than if depositions were read.