The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-04-11


ating more than IS hours without be,
ing able to reach an agreement, the
jury into whose hands the fate of
Harry K. Thaw was given at 1857
yesterday afternoon, reported before
Justice Fitzgerald at eleven o'clock
this morning, and asked permission
! to examine a large number of eXhib-
| it's introduced during the trial, and
also asked to nave read to them the
| testimony of several eye witnesses
of the tragedy. The action of the jul
ry in asking for exhibits ald testi-
mony led to much speculation as to
what the trend of their long discus
| sion had been. One of the most wide
| ly discussed theories was that the
| jurors either wanted to refresh their
memories as to the testimony to
show either deliberation or premedita
tiol upon the part of Thaw, or else
they wanted to have the story of
Thaw's actions on the night of the
tragedy rehearsed once more in or
der that they might judge as to his
nationality.
1t is generally conceded that ser
ious differences of opinion developed
among the jurors as to the evidence,
and that a verdict of any sort was
still remote. The examination of
the Tnaw letters and other documents
called for will require much time.
Newspaper men called at the Tombs
early today, and Thaw told them he
felt still confident and hopeful of a
favorable outcome. The guards say
that Thaw has packed up his effects
ready to leave the prison at a NOM
ent's notice should he be acquitted.
When the jury returned to court
after breakfast they went at once to
the jury room and resumed their de-
liberations. Members Of the Thaw
family were at the Criminal Courts
building shortly after ten o'clock. The
Judge came in a few minutes later
and went to his chambers. At 1913
the newspaper men were admitted to
the court room through the judges
private entrance, but the doors were
not opened to the public. A few min
utes later the jury asked for some of
the exhibits, and the district attor-
ney's messenger delivered to the Off
Ger in charge of the jury the docu-
meats in the district attorneys pos
session. At eleven O'Clock the jury
was called to the court room and
Thaw was sent for. The jury asked
the judge to give them exhibits in
the case, including the plan of the
Madison Square Roof Garden, letters
from Thaw to Attorney Longfellow,
the Thaw will and codicil, the Com
stock letter, Delmas Hypothetical
question and Jerome's hypothetical
question. They also asked that the
testimony of Meyer Cohn, one of the
eye witnesses for the people, be read
to them, and that the testimony of
Harry S. Blaise, another eye witness,
be read. The jury's action is taken
10 indicate that there is still a posi-
bility of verdict. though not soo1.
The jury called for and mad read
other parts of the testimony, includ-
ing the testimony of Evelyn Thaw
and Hamilton, and that portion of the
judges charge relating to insanity
The jury retired to t.1e jury room for
luncheon at 1870.
Justice Fitzgerald went out to lun-
cheon shortly after the jury had re-
tired, announcing that he would not
be back until 2:15 or 2:3O.
The court room opened at 3:O9 this
afternoon. and the Thaw jury came
il and asked for the reading of the
judges instructions regarding the tes-
timony of the defense's alienists- The
jury retired again at 1923. The jury
asked to have some of Delmas' sum-
ming up address read to them, but
Justice Fitzgerald would not permit
1t. saying it was not in evidence. The
jury also asked to be instructed as
to what weight should be given to
opinions based on hypothetical ques-