, 1907-04-11
Had NOT AGREED At FouR.rhlR-
TY THIS AFTERNOON AND
NOT LIKELY TO FOR
THE PRESENT.
began Consideration Of Case Late Yes
terday Afternoon and spent Night
in Conference Room-Asked for In
structions and to Be Shown ExhIb.
it's Submitted During Trlal-se-
Iieved to Be Widely Separated.

New York, April l1--After deHD-
Grating more than eighteen hours
without being able to reach an agree
ment, the jury into whose hands the
fate of Harry K. Thaw was given at
Sly yesterday afternoon reported be-
fore Justice Fitzgerald at Ii o'clock
this morning and asked permission to
examine a large number of exhibits
introduced during the trial, and also
asked to have read to them the testi-
mony of several eye witnesses of the
tragedy.
Specializing on Result.
The action of the jury in asking for
the exhibits and the testimony led to
much speculation as to what the trend
of their long discussion had been. One
of the most widely discussed theories
was that the jurors either wanted to
refresh their memories az to the testi-
mony to show either elaboration or
generalization upon the part of Thaw.
or else they wanted to have the story
of Thaw's actions the night Of the
tragedy rehearsed once more in order
that they might judge as to his ra-
tionality.
Jurors Evidently Divided.
1t was generally conceded that seri-
GUS differences of opinion had devel'
oped among the Jurors as to the evil
dence and that a verdict Of any sort
was still remote. The examination Of
the Thaw letters and other documents
called for will require much time
Might Was Hard on..
After what is believed to have been
a fruitless night of discussion and bal
loting, the jury in the Thaw trial was
liberated from the conference room at
Z o'clock this morning and taken to
breakfast. The night had been a hard
n for many Of the jurors, who show
ed the strain in their faces.
Felt Better on Full stomaehs.
The jury returned to the criminal
courts building from breakfast at 9:02
o'clock. They seemed in better spirits.
II the jury should come into court to-
day and report a disagreement, there
is little doubt that Justice Fitzgerald
would send them back to continue
their DELIBERATIONS.
Would Mean Summer In jail.
II finally discharged without agree
ment, Thaw would be remanded to
the Tombs to await a second trial.
This would mea another summer in
the city prison for him, for his case
could not be reached again until late
in the coming fall.
Thaw Family Early on Hand.
When the jury returned after break
fast they went at once to the jury
room and resumed their deliberations.
The members of the Thaw family were
at the criminal courts building shortly
after 10 O'Clock. The Judge came in
a few minutes later and went to his
chambers.
Reporters Are Admitted.
At 1888 newspaper men were ad-
mitted to the court room through the
judges private entrance, but the
doors were not opened to the public.
A few minutes later the jury asked
for some Of the exhibits, and the dis
trict attorneys messenger delivered
to the officer In charge Of the jury
those in the district attorneys pos
session.
Wanted Some Exhibits.
At II o'clock the jury was called to
the court room and Thaw was sent
for. The jury asked the judge to give
them the exhibits in the case, includ-
ing the plan Of Madison Square roof
garden, the letters from Thaw to At
torney Longfellow, the Thaw will and
its codicil, the Comstock letter, Del
mas hypothetical question and Je-
rome's hypothetical question.
Possibility Of Verdict.
They also asked that the testimony
of Meyer Cohen, one Of the eye wit.
nesses for: the people. be real to them,
and that the testimony of Harry 8.
Blaise, another eye witness, be read.
The jury's action Is taken to indicate
that there Is still the possibility Of a
verdict though not soon.
To Lunch at one-Thlrty.
The jury called for and had read
other parts Of the testimony, includ-
ing the testimony of Evelyn Nesbit
Thaw and DR.. Hamilton, and that por.
ton Of the judges charge relating to
insanity. The jury retired to the jury
room for luncheon at 1880 o'clock.
Justice Also at Luncheon.
Justice Fitzgerald went out to lunch
con shortly after the jury had retired,
announcing that he would not be back
until 2:15 or 2:30 o'clock.
Thaw Has Grip Packed.
Newspaper men called at the Tombs
early today and Thaw told them he
fell still confident and hopeful Of q