New-York tribune., 1908-02-02
THAW NOW IN ASYLUM
Continued from nrst page.
servers was the first to tell Mrs. William Ihaw
Of the verdict however.
MOTHER GREATLY PLEASED.

out twenty-five hours out OF Wnlcn SIX hau peeil
taken for meals. Rumors Of all sorts were cur
rent, but ell of them had at least majority In
favor of acquittal. Those whom about every
body seemed to be had been the ones TO
vote for conviction the first of the fourteen
ballots were Charles z. Gremmels, the foreman;
John H Holbert David A. Arrowsr4ith and Will
lam H McHugh. Hobert according to most OF
the stories, was about the last man to give IN
and accept verdict Of acquittal on the ground
Of insanity Thaw while the jury deiber
ating waited in the prison pen, nervous and ex-
cited little red daub of color on each sallow
cheek Toward noon he gave out statement IN
which he said:
II am afraid, despite the vigilance of my coun-
,, sell one two men with an innate prejudice
AGAINST me are on the jury. l have In mind one
man in particular. OF course, cannot mention
any names but nobody interested in this trial
can brush aside certain significant glances of
one certain man with member of the prosecu-
tion This was particularly noticeable after Mr..
IIttleton summed up. / am also reliably IN
formed that at one stage of the proceedings he
, made remark to artache of the District At
torney's office and / told what he said was,
That's all right
Captain Lynch brought out the welcome news
at 1910 o'clock that verdict had been reached
and there was rush for seats in the court
about, and the courtroom not quite full
when the jury filed IN The foreman led the
way, all with their hats and overcoats ready
| for departure the court dismissed
them. Evelyn Thaw and Josiah Thaw were
waiting. They leaned forward and eagerly
scanned each face the jurors passed them.
FINED FOR APPLAUDING.
| The scrutiny pleased Mrs. Thaw. and she
| leaned forward with smile to greet her hus-
| band as he slouched into the room. His nat
urally pale face showed a more pronounced and
| unwholesome pallor than usual. The whites Of
| his eyes showed clean around the pupils. and
| they bulged as they always do. His mouth WAS
| drawn down at the corners, except when, after
! he seated, his pendulous lower lip hung
| loose.
| Jurors. look upon the defendantr' bawled
| Clerk Penny. Defendant, look upon the
| jurorsv'
| Thaw stood up uncertainty. tried to square
his shoulders and failed, tried to smile at the
| jurors and failed, but he did hold his head a
little higher than usual He stared fxedly at
| the jurors, the whites of his eyes showing all
around the pupil, Clerk Penny bawed again:
Have you reached a verdict. gentlemen"
1--WE have" replied Gremmels. I'VE find the
defendant, Harry K Thaw, not guilty, on the
ground of his insanity at the time of his COM
mission of the act'
There was hush for second. and then Thaw
began to shake hands vigorously with A Foster
Peabody and with Mr.. Littleton- Evelyn Thaw
sat with her mouth wide open for full minute.
Then she began to cry. At that moment young
man sitting behind her began to applaud The
sudden noise startled the whole room. Justice
Bowling at once ordered the young man, who
turned out to be Theodore Roosevelt Pell a
relative of the President and tennis player. to
be placed under arrest and fined him $25.
MANIAC" SAYS COURT.
Justice Bowling then thanked the jury and
added:
THE Jury having found a verdict based on the
insanity Of the defendant, duty devolves upon
the court The testimony in this case. as far
as it shows insanity, shows that 1t is of the Kind
known as manic Oppressive The testimony of
the experts and of DR.. Wells supports this dag
nosis Prior outbreaks have been testified to
by the nurse, DR.. Wells. DR.. Burton-Brown and
other witnesses. 1t appears that recurrence OF
these outbreaks is certain at least reasonably
certain The period between them cannot be
judged or even guessed at There has been no
testimony in this which shows any posi-
bility of a cure being effected
In maniacal form and aggravated forms Of
this disease there is grave danger of assaults
or murders. In the Oppressive form there Is n
danger that the patient will commit suicide.
Upon the testimony the court is satisfied that to
put the defendant at large would be dangerous 70
the community.
Justice Downg then read the formal order
committing Thaw the asylum for the crimi-
nal insane as being Eat this time dangerous to
the public safety" and directing his incarcera-
ton there to be kept until discharged by due
process of law"
BE FREE SOON. SAYS THAw.
Counsel for the defence whispered together
for a few minutes, and then Mr.. Littleton spoke:
Your honor" he said, this procedure is so un-
usual as to be unfamiliar to me, but 1 wish to
say that 1 except this courts order, and
would like the execution to be delayed until
can have sufficient time to ascertain what course
shall be followed
AS the jurors started to file out Mr.. Littleton |
stood at the open end of the jury box and shook
hands with each juror Two three of them
As they passed Mrs. Thaw, stopped TO shake |
hands with her also George w. Cary. he |
passed Mr. I.ttleton said with smile 1T
stood II to Il
Jerome stood with his hands showed under his
coat and into his hip pockets, watching this re
ception of the jurors. In the mean time Thaw
had been taken upstairs to the prison pen. and |
as Evelyn Thaw could slip through |
the crowd she ran upstairs. two at time, to |
Join him. Thank Cod" she exclaimed, she |
literally flung herself into his arms. Its all !
over now" Litteton came in minute later.
and Thaw seizing his hand. said that he had
done nobiy.
Mr. Lttleton already had been complimented |
by Mr.. jerome. the compliment constituting the !
District Attorneys sole comment the /