The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-13

lot was taken and this showed de-
| cided change on the part of the jurors
who voted for conviction. 1t also
proved that the effort of the four
jurors who voted for an acquittal had
! not been altogether in vain, for they
succeeded in winning over to their side
Juror Dennee. who up to that time had
voted for conviction. The rest OF the
Pfaf, who had voted for murder in
the first degree, decided that Thaw
was guilty of manslaugter in the first
degree.
1.-THE sixth ballot was taken at 1925
o'clock Thursday night and remained
unchanged. After that there was no
ballot until 1920 o'clock, when all OF
the jurors showed that they were OF
Brearley, who in addition to voting for
manslaughter in the first degree added
that the defendant should be recon-
mended to the mercy of the court
THE eighth and last ballot was
taken at 3:45 o'clock and showed
most remarkable change in the entire
jury. The five men who had voted Tor
an absolute acquittal changed their
ground of insanity in the hope OF WIN
ming over their colleagues, but the re
mainder of the jury, all of whom, with
the exception of George PfaR, had
voted for verdict of manslaughter,
made up their minds that Thaw was
guilty of murder in the first degree
and voted accordingly. This pracu-
cally ended the deliberations OF the
Jury and the Jurors arrivinp at the
conclusion that they could never agree
asked to be discharged.
Not Swayed by Emotion.
''It will be noticed that the only man
who voted consistently according to MS
first opinion was George Pan. juror
No 2 who from the very first ballot
adhered to his belief that Harry Thaw
was guilty of murder in the first de-
gree. Equally as consistent IN tnenr
belief to the contrary were Jurors
Pink, Harvey, Fraser and steele, VINO
from the very outset decided that IN
their opinion Thaw was not guilty.
changed their belief on the last ballot,
when in the hope of winning over their
companions they conceded to acqult
the defendant on the grounc OF IN
sanity
Wilbur F. Steele, juror No. 3. said;
There was plenty OF disparity pc
tween the opinions expressed Dy tile
Jurors. We considered inss nifty in
many phases. but did not give tne
subject of wronged womanhood any
lengthy debate, in fact, scarcely any.
1t was touched upon and quickly
dropped. The question wren was
at unusual length was
whether Thaw was insane at the mo-
ment he shot Stanford White, and
whether at that moment he was re-
sponsibIe for his actions.
Juror Joseph B. Bolton said;
There was no question of the I'M
written law or of 'dementia Ameri-
cana in our deliberations. We con-
the case from purely legal
standpoint We were not swayed by |
emotion"
Think DeImas Mistaken.
1.-THE jury when considering the
case took no stock in 'brainstorms.' "
said Juror George H. Fecke, we dld I
not pay an undue amount OF attention
to the testimony of the ahen1sts elth-
err" Mr.. Fecke added
some of Thaw's letters that he decided !
there was a reasonabl doubt as to
Thaw's sanity. Dunno then joined the
four men who stood FOR acquittal on
the grounds of insanity"
Mr.. O'Reilly, of Thaw's counsel,
said:
"I confess that / am disappointed.
really expected an acqulttai. Perhaps t
mas made mistake inhusing the term
dementia Americana.f But he made
an honest effort. and it might have
been mistake of Judgment" r. ve.,aI
Attorney Gleason said: sfd {f4 Fl
1.-The disa greement of the jury was
disappointing, of course 1t was I'M
fortunate, the inconsistence of the 'un-
written law chara cterized as 'demen-
ia Americana If, instead of this,
counsel had dweN upon the statutory
insanity of Mr.. Thaw, which was
oiainly proven, Mr.. Thaw might have
been acquitted"
Mrs. William Thaw. mother of the
prisoner, sent out the following mes
age in response to requests for a state
nent.
Mrs Thew has nothing to say. She
las made no statement since she has
,eer in New York, neither will she
make any"
Mrs. Evelyn NesDit-Thaw said:
ST can't understand it. 1 didn't see
Why they could not have come to some
Lgreement.'
A reporter said to Mrs. Thaw:
1.-THE jury stood seven to five for con-
-iction."
II don't believe it, she cried en-
,haticallv. They ought to have &C
Iuitted him on the evidence"
When the disagreement of the jury
vas announced in court, Thaw turned
yer paler than he has been for the
asst several days, and when he was
emanded back to the city prison at
he suggestion CT District Attorney
erOme, he hung his head dejectedly.
Up to the very last Thaw had hoped
he II men would finally agree upon
erdict of not gI';lty.