The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1907-04-15
ECHOES Of THAW CASE
Defendant Greatly Disappointed,
but Maintains Composure.
WILL ASK RELEASE ON BAIL

piStrict attorney Jerome Intenos 70
strenuousIy Oppose Application in
View Of the Fact That Seven Jurors
Voted for Murder in First Degree.
New York, April 15-Although bit
terly disappointed over the mistrial,
especially since he had believed up to
the very last minute that he would be
acquitted, Harry X. Thaw is bearing
up bravely. Indeed his composure Is
spirits he showed during much of his
protracted trial and the wearisome
hours before the jury gave up it's task.
So sanguine was he of freedom that
shortly before the jury came for the
last time into the courtroom he
wrapped up a large number of letters
and papers which he meant to take
with him from his cell. When he was
told by Messrs. Peabody and O'Reilly
that the jury could not agree he
dropped his bundle of papers to the
llpol, opSCShlCSS anu uAollCdl lChCo. Dht
he presently recovered his courage.
A number of interesting Incidents
are being related about the jury's do
ings during the long hours in its room.
After the case had been given to the
twelve men Juror Pfaff suggested that
the deliberations be preceded with
prayer. Juror Gerstman objected On
the ground that he was of the Jewish
faith, but he was persuaded to con-
sent His consent was coupled with
proviso that he should be permitted to
offer prayer of his own after the
Christian prayer. There was no OBJ
lection tc this and thus two prayers
were said.
Rumors are rife, despite statements
tending to minimize them, that owing
to disagreements of all Thaw's pres
ent counsel only Daniel OReilly will
be retained for the next trial. When
Mrs. William Thaw was asked as to
Mr.. O'Reilly's retention, however, she
declined to speak of 1t. Then, again,
1t is reported that the Thaw family
may go back to their original counsel.
the firm of Black. Olcott, Gruber &
Bonynge.
Estimates are being made of the
total cost of the trial. This is placed
at about 100000, of which about $780,
900 falls upon the Thaws.
viii Ask Release on Bail.
The first question to be decided by
Lo Cd g., h,x ~, lxy{p f,~
the release of the defendant on bail.
District Attorney Jerome has said that
a second trial can hardly be reached
before October or November and 1t
will be urged that it will be a great
hardship to keep Thaw In prison dur.
ing the months of waiting when his
family stands ready to furnish surety
in ample sum to insure his presence
whenever the second trial is to be
called. II this application is made.
however. 1t will be strongly opposed
by Mr.. Jerome, who holds that the
prisoners wealth should make no diff
ference In the treatment to be accord.
ed him and that he should remain In
the Tombs just as any other person
attorney feels that he would not be
warranted, as a public officer, in TAX
ing any more lenient attitude In view
of the fact that seven men voted for
conviction of murder In the first de-
gree.
Further details of incidents which
occurred during the long session Of
the Jurors continue to filter their way
into publicity. One OF the Jurors Is
quoted as saying that when the jury
was returning to the criminal court
building after breakfast Thursday q
policeman approached them and spoke
to three of the Jurors. II thought
would let you know confldentially."
the policeman Is alleged to have said.
that the defendants father was
member Of a certain secret order.
understand that you are members OF
it."
Mrs. Evelyn Thaw broke down COM
pletely while she was taking leave OF
her husband after her visit to the
Tombs. They were standing before
the door of Thaw's cell talking when
the young woman buried her face In
her hands and began to sob. Thaw
tried to comfort her, but she could
not control her emotion. She was
still weeping when Commissioner OF
Prisons Coggey came unop the counle