Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-04-12
ThirtJ-0ne Hours Dsliteratiou Are With
out Apparent Result
JURORS ASK FOR FURTHER INSTRUCTIONS
Part of CHARGE and Auch Of the Evidence
Read to Tn m.
EXHIBITS ARE SENT TO JURY ROOM
Long wait Gives Rise TO Many Rumors
of standing of JurS--Dcfend-
ants Family In Court
All Day.

NEW YORK. April l1-Deliboration OF
thrty-one hours by the Thaw jury has
failed to result In verdict. At ll:4O o'clock
tonight the jury was ordered locked UP
for a second night at the criminal courts
building The fact that the Jurors have
not been able to agree after devoting so
much time to a study and discussion OF
the case has given rise to the belief that
the trial will end in a disagreement and
the whole affair will have TO be gone over
again.
Although the twelve men have thus far
failed to reach a common opinion and to
all appealanc are hopeIessly at sea.
Justice Fitzgerald has not given up hope
OF having a verdict rendered. As yet
Deming B. Smith, foreman of the jury, has
not complained to the court that the Jurors
are unable to reach a decision, and until
he does so It is not likely that JuBtice
Fitzgerald will discharge them. The gen
eral impression prevails tnat II they are
unable to agree at the expiration of forty
/ eight hours they will be released from
! further service The fact, however, that
no intimation has been received from the
/ jury room that the men are unable to
agree has been construed by many who
have followed the proceedings as an ind-
cation that a verdict will eventually be
| reached.
! The mother, wife and the two sisters and
brothers Of the defendant were in the
criminal courts building up to the last
minute. and when it was finally announced
that the jury had been locked up over night
and there was no longer any prospect OF
a verdict before tomorrow, they returned
| to their hotel crestfallen. They had hoped
and looked for decision today and the
news that they would have to pass another
night in doubt and anxiety was received
with keen disappointment.
Two Calls for Information.
/ Twice during the day the twelve men
who took their places in the jury box more
than two months and half ago, filed lntV
the court room and asked the courts as
sistance in an endeavor to bring about an
agreement.
They appeared wan and haggard after
wrangling through all OF last night in the
stuffy little conference room at the criminal
courts building with only hard chairs and
one long table provided for their comfort
The Jurors wanted to hear again the evil
dence of numerous eye-witnesses to the
tragedy. They wanted to hear what Dr.
Allan McLane Hamilton had been allowed
to testify to as to Thaw's condition the
night OF the tragedy, and what Evelyn
Nesblt Thaw had said as to her husbands
conduct that evening" they wanted to hear
repeated the conversation Thaw had with
James Clnch Smith; they wanted to hear
several portions Of Justice Fitzgerald's
charge once more and finally asked per-
mission to take possession Of the writings
Of Thaw introduced I'm the trial, TO indi-
cate his state of mind when he heard the
story Of Evelyn Nesbit's wrongs at the
hands Of the man who was to become his
victim. All these requests were granted by
the court, but when Foreman Deming B.
Smith, on behalf of the jury, asked that
certain portions Of the summing up ad-
dress by Dolphin NJ. Demas be read JUS
tice Fitzgerald called a halt He admon-
shed tho jurors that they were to be
guided only by the evidence and were not
entitled to hear again the closing speeches
Of the lawyers
Harry Thaw's family remained at the
court house until late in the night. They
visited the defendant on several occasionG.
Their purpose was TO cheer him, but he
appeared by far the most cheerful OF the
group. Thaw's confident air never leaves
him for any great length OF time and a
buoyancy Of spirit Is nearly always ap-
parent
Many RnmorH mud GueESes.
There were all sorts Of rumors and
guesses in the air today as TO how the
Jury stood. There were more different re-
ports as TO the results OF the ballots than
there could possibly have been test votes
taken None had any degree OF au-
thentlcity Some were uttered in Jest by
prominent figures connected with the trial.
and occasionally these were taken in
deally earnest by persons who overheard
them The action OF the jury In twice
going before Justice Fitzgerald 10 have
certain portions Of the testimony read
caused much speculation. 1t seemed evident
that the jury's deliberations were hinging
on the question of the sanity or insanity
Of the defendant The Jurors showed al
most a startling familiarity with the evil
dence, and the testimony they desired TO
hear again today was given in part by
persons who were not referred TO in the
summing up speeches of either Mr.. Delmas
or District Attorney jerome.
From the manner I'm which the jurors
wished 10 go over the evidence in all itS
detail It was surlnisod that a verdict, II
reached at ALL would be predicated entirely
on the evidence and not on the "unwritten
law"
Justice fitzgerald spent the entire even
ing in his chambers awaiting the pleasure
Of the jurors.
Newspaper men called at the Tombs early
today and sent a message % Harry Thaws
cell asking how nc felt He said he was
stnl confident and hopeful Of favorable
outcome. It was said that Thaw had
good nights rest after returning TO his
cell shortly before midnight.
At 1879 the Judge took the bench and
the jury was called into the court room.
A minute later an oficer was sent 70 the
Tombs To bring Thaw 10 tho court room.
The jury asked Justice Fitzgerald TO be
allowed 10 examine the following exhibits:
Plan Of Madison Square Roof Garden
The letters from Thaw 20 Attorney Long
I fellow.
| The Thaw will and cOdiCl.
/ The COmstCck lester
7 Delmas' hypothetical question.
Jcrome's hypothetical question.
The jury also asked 10 have the testi-
mony Of Meyer Cohen, one Of the eye
witnesses for the people, read 10 them.
Justice Fitzgerald ordered II read.
Meyer Cohen v The witness whom DR..