Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-04-13
No VERDICT REACHED BY THAW JURY
After DebGag for fe Hours Jury Disagreed and was Discharged Harry Remanded
to jail for Another IaGNes Hopeful Statement After Crossing Bridge Of
Court Sets Again April % Evelyn Bears Ordeal BlaVey

OlglS ] !,
Associated Press to Bismarck Tribune
81 New York, April 10 Hopelessly
divided -seven for a verdict of guilty
Of murder In the first degree and Ave
for acquittal on the ground Of insan-
the Jury which since the 23rd
Of last January had been trying
Harry &. Thaw, reported today after
AZ hours and minutes of delibera-
ton that they couldn' II possibly agree
upon q verdict.
The twelve men were promptly dis
charged by Justice Fitzgerald, who
declared that he. too, believed their
task was hopeless.
Thaw was remanded to the Tonbs
without bail to await a second trial
on the charge Of having murdered
Stanford White, the noted architect.
When this new trial would take
place no one connected with.the case
could tonight express an opinion.
district Attorney Jerome declared
that there were many other persons
accused Of homicide awaiting trial
| and Thaw would have to take his
tnrns with the rest.
AS to q possible change Of venue.
both district attorneys and counsel
for ThaW declared they would make
no such move. Fhaw's attorneys will
have a conference tomorrow with the
prisoner to decide upon their next
lstep They may make an early ap-s
plication for bail jerome said he
twould strenuously oppose it. He adj
Ided that as seven Of the Jurors had
voted for guilty his opposition
IprobabIy would be successful
IN that event Thaw has another
long summer before him ID the city,
Iprison for his case iss already on a
icrowded criminal calend ar and can
not possibly be reached until some
time next fall ~
The scenes attending the ann ounce.
ment BY the jury Of its inability to-
lagree upon any sort Of a verdict
were robbed Of any theatricalism BY
the general geIief that after their
long delibarat ion and reports Of a
vide division Of sentiment the Jurors
could make no other report than one
lof disagreement.
! Thaw surrounded by the members
| Of his family, his devoted aged moth
Ter, the pale young. wife, the titled
sister, the Countess of Yarmouth; 4
Mrs George Carnegie, and Edward
Land Josiah ThaW the brothers, re-
iceived the news III absolute silence.
When it became known that the jury
Twas about to make its report and,
that the case would be disposed Of
IThaw called his wife to a seat BY his
lside and sat with his right arm
thrown about her until he was COM.
manded to stand and face the Jurors.
Smiling and confident ais he enter
led the court room, he sank Imply in
Ito his chair when Foreman Deming
]B. Smith, In response to q question BY
Clerk Penny as to whether! q verdict
had been agreed upon, said We
have not 4 The mother, her features
hidden behind a dense veil OF black,
sat still and motionless. In Ill health
of late, she had felt severely the
strain and stress Of long hours Of
1 anxious waiting The wife, by her
Husbands side. gripped his hand
tightly ais the jury foreman spoke,
and then when he sunk down BY her
side. she tried to cheer him as best
she could by saying that she believed
he would now be admitted to bail and
that a second jury would surely set
him free.
The mother. the sisters and broth
ers. pale and well nigh exhausted by
tedious nerve working wait for YER
diet, smiled weakly at Thaw as he
was led away again to the Tembs.
They were permitted to speak to him
for few moments to bid him be
of good cheer, before he crossed the
bridge Of sighs' to the cell ii the
prison which until d few minutes
before, he had hoped that he was
about to quit forever
Outside the big square Of the Grim
| inal courts building, only q few hum
bred persons were gathered. Thous-
ands had been there earlier in the
day. but police reinforcement had
|arriyei with instructions to keep ev-