New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-04-12
THAW JURY STILL OUT
Rumored That Majority Favor Yer
dict of GuiIty.

yesterday, and they were locked up until 1880
this morning.
Justice FitzGerald had remained within call
all evening. He announced that he would give
the jury until 11:3O-a half hour longer than
the previous night-before declaring an adjourn
ment. No word coming from the jurors at that
hour, he ordered them locked up. They had
then been celebrating over thirty hours.
While there was no means of learning the
true state of affairs. it was the general opinion
that the jury was divided upon the question Of
Thaw's sanity at the time ne killed White. and
that the majority favored verdict Of guilty.
probably Of lesser severity than that Of murder
in the first degree.
1t was said by lawyers that there were few
cases in the history Of Jurisprudence where q
jury had remained out for such length OF time
without reporting a verdict or that they could
not agree. 1t was accepted as evidence that
there was group of men who had determined
that verdict should be reached If possible
The general impression however. was that there
would be disagreement.
The two Mrs. Thaws. the Countess Of Var
mouth and Mrs Carnegie waited until the last
moment before leaving the Criminal Courts
Building. They greatly disheartened, and
traces OF the strain Of waiting for a decision
showed plainly in their subdued manner.
JURY IN KOERNER CASE
In discussing the remarkable length Of time
the jury had been out a lawyer recalled only one
instance in recent years when jury had de-
bated a case so long. That was on the second
trial OF William Jay Koerner for killing his
sweetheart Rose Alice Redgate. At the frst
trial in February. 1897. he had been found guilty
of murder in the first degree after two hours
consideration Of the evidence. At the second
trial In March. 1s9s. the jury returned a ver-
dict OF murder in the second degree after be-
ing out five and a half hours
The extraordinary interest that the trial has
aroused was shown by the crowds that gathered
about the Criminal Courts Building as the hour
Of 1920 approached. The largest crowd was
on the White street side. where the Thaw fam
lily usually enter. but there nearly as large
a gathering on the other side OF the building TO
catch a glimpse of Thaw as he crossed the
Bridge of Sighs.'
1t was bedraggled set Of men that stalked
from the jury room about O'Clock yesterday
morning and wended their way to the Broad
way Central Hotel for breakfast They were
l glun and out of humor; their clothes hung IN
| creases; their steps were heavy. 1t was plain
| that some of them had passed a sleepless night
Two hours later. when they returned TO resume
| their deliberations, they had greatly spruced
| up in appearance and manner; good breakfast
and necessary ablutions had made them feel
more chpper. and they showed it,
/ The courtroom was thrown open shortly after
/ 1920 o'clock. District Attorney Jerome and
the various counsel for the defence dropped in
one by one. Outside OF the reporters. there
were not so many persons in the courtroom
JURY ASKS FOR EXHIBITS
At II O'Clock there was a buzz OF excitement.
The jury filed into the room and took their
| accustomed places. Justice FitzGerald came In
| and Thaw was brought from the waiting room
| in the rear of the courtroom. It developed
that the jury had sent in request for some OF
the exhibits in the case and to hear certain
testimony read
"A communication from the jury asking for
the following exhibits has been received said
the court and he read: First. the plan Of tha
| roof garden: second, defendants letters A to I;
third. the COmstOck letter; fourth. the viii and
codicil; fifth. the Delmas hypothetical question.
and. sixth, the Jerome hypothetical question"
Taere was no objection from either side. and
the jury asked that the testimony Of Meyer
Cohen the song writer, who was one OF the
prosecutions witnesses OF the shooting. be read.
Following that they asked for the testimony of
Paul Brudi. the fireman. who took Thaws re-
vOlver from him; the testimony of Warren
Paxton, another witness of the shooting; OF
Henry F. Blaese. another witness; Of Thomas
F. Lynch Dennis Wright and John Anthony
the three doormen at the Tenderoin police sta
ton. OF Mrs. Evelyn Thaw and of Thomas Nc
Caleb as regards the events attending thu
shooting.
The reading of such a mass OF testimony for
a Jury's information is declared 70 be without
parallel. II took until 1:S5 O'Clock, when the
jurors retired 10 their room to eat luncheon.
Speculation rife as 20 what u all meant.
| As there could be question as TO the way In
which Thaw had killed his viC-in it seemed "a
| if the only possible room for argument was as
TO whether Thaw's manner exhibited sanity or
| insanity. whether the shooting was done
with deIiberation. or. IN the heat OF passion,
suddenly.
The probability that the jurors were divided
| over the qrestion of Thaw's mental condition
was strengthened when the testimony OF the
| doOrman Lynch. was asked for. Il was Lynch
who said that Thaw had told him he heard
childrens voices crying for aid while he was in
a cell in the TenderlOin station These voices
II appeared from the testimony OF the other
police witnesses. might have been those OF
women OF the haIf-wOrld who were in cells in
another part Of the lookup.
EXAMINE TESTIMONY OF ALIENIsTs.
After recess the jury was still anxious for
more information. and asked that the testimony
OF DR. Wagner and DR.. Evans as to their visits
to Thaw in the Tombs be read to them as well
as that part Of the Courts summing up which
bore on their testimony. The Judges charge
| read:
Two of the experts called by the defence testf-
fed to a physical examination made Of the de-
fendant and to acts and conversations which
they claimed to have had with him subse0ueut
to the tragedy at time when, in their opinion,
he was insane. The dates OF these examinations
| these experts having been present upon all three
occasions and the other only having been in