Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1907-04-11
THAW'S FATE
STILL IN BALANCE
No Verdict From
Jury Out "a
Hours
AGREEMENT IS UNLIKELY
Numerous Requests For Ex.
hibits and Testimony Lead
to This Belief.

New York, March 11.--At 4 o'clock
this afternoon the Thaw jury was still
out, although a verd,r is expected
any time Ii the jury should come into
court and report 2 disagreement
there is little doubt but that Justice
Fitzgerald would send them back to
continue their delibera.ions Il the
jury is finally discharged without an
agreement Thaw will be remanded 10
the Tombs to await a second trial.
This would mean another summer in
prison for him as his case could not
be reached before next fall.
ThaW Still Hopeful.
Although it begins to look more and
more like the jury will fail to agree,
yet Thaw remains hopeful. To news
paper men who called at the Tombs
early today, Thaw said that he felt
confident and hopeful of favorable
verdict. Guards at the prison say that
Thaw has packed up his effects and
is ready TO leave prison at a moments
notice should he be acquitted.
Verdict Seems Remote.
Late reports from the jury room
have led to, the general conclusion
that serious differences of opinion
have developed among the jurors as
to the evidence and that verdict OF
any sort is yet very remote. The eX-
animation of letters, documents and
evidence that has been called for
will require much time.
The Past "a Hours in Detail.
After fruitless night Of discus
sion and balloting the jury in the
Thaw trial was liberated from the con-
ference room at o'clock this morn
ing and was taken to breakfast.
The night had been a hard one as
many of the jurors showed the strain
in their faces.
Newspaper Men Admitted.
When the jury returned after break
fast they went at once to the jury
room and resumed their declarations.
The members of the Thaw family ar
rivd at the Criminal Courts building
shortly after 10 o'clock Judge Fitz-
gerald came in a few minutes lat
and went to his chambers. At 10
o'clock three newspaper men were
admitted to the court room through
the judges private entrance but the
doors were not opened to the public.
Jury Asked for Exhibits.
A few minutes later the jury asked
for some of the exhibits and the Dis
irict Attorneys messenger delivered
to the officer in charge of the jury all
of these that were in the district at
torney's possession.
The action Of the jury in asking for
these exhibits and this testimony has
led to much speculation as to what
the trend of their long discussion has
been. One of the most widely dis
CuSSCu luCOllco Wuo IlidI IliO JuiOi .
either wanted to refresh their memo
ries as to the testimony to show either
deliberation or premeditation 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 order that they might
Judge as to his nationality.
Wanted Still More Information.
At II o'clock the jury was called
to the court room and Thaw was sent
for. The jury asked the Judge to
give them all the exhibits in the case
including the plan of the Madison
Square Roof Garden the letters from
Thaw to Attorney Longfellow; the
Thaw will and codicil; the Comstock
letters; Delmas' hypothetical question
and Jerome's hypothetical question.
Asked for Story Of Eye Witnesses.
They also asked that the testimony
of Mira Cohen, one of the eye wit
nesses for the state be read to them
and that the testimony of Harry s
Blaise, another eye-witnesses be also
read. The jury's action is taken to
indicate that there is still possibility
of verdict, though not soon.
Had EveIyn's Testimony Read.
The jury was called iio7 again just
before noon and had read to them
other parts of the testimony, including
the testimony Of Evelyn and Dr. Ham
ilton and that portion of the Judges
charge relating to insanity. The jury
retired to the jury room for luncheon
at 1870 o'clock
Judge Fitzgerald went out to lunch
con shortly after the jury had retired
announcing that he would not be back
until 2:15 o'clock.
Judge Turned Down Request.
The court room opened at 3:0s
o'clock this afternoon and the jury
came in and asked for ruling d