Daily press. [volume] (Newport News, Va.) 1896-current, 1908-02-01
RECESS TAKEN TILL THIS MORNING
LittIeion Looks Tor a Verdict of Ac-
quit,al, But His Associates Hope
for Nothing Better Than Dis
asrcement-Justioc Downing Dcliv-
cs an impartial Charge to Jury.
(By Associated Pressl

.Ni+N lplth, Jan 1l--AItCr wait
ing for nearly II hours for the Jury
IN the Thaw case To report Justice
nDwlng shortly after II O'Clock to-
night ordered the doors of the jury
room Locked up for the might and al
journed court until 0:3O a. IN. when
hc will hear any report they have to-
mako.
The rumor persisted throughout the
evening that the jurors were hope
lcssly divided.
rhaw retired disconsolltely TO his
celi In The Tomls. He EXPRESSED the
icor that third trial would be nccos-
saty. This WAS the general opinion
hold by the court attaches.
Ancr ,he jury went sllNnty 10 din
nrr aud returned, the guards ut the
d'nr;' lcaid no sound of argument in
toe jury room. Tho jury called for
all the exhibits in the casr before 1t
retired and it is evidenily determined
tn reach It's verdict without asking
for Information or fnrthc, instructions
from the court
as In abe first. trial. there Is a ru.
nor bhat the jury Is divided eight to
fiye This is only a i1imor among the
attorneys. however, ana has no def
!uite foundation.
Harry Taw sat np laic In his cell
in the Tombs. hoping to hear some
encouraging words. but his attorneys
could offer him no hope of anything
better than another disagreement.
Martin W. Littleton, tho chief coun-
sol for the defense insisted late to-
night that he was still az the opinion
doat Favorable verdict would be
reached. but his associates we're sure
no decision would be reached.
Mrs. Evelyn Nesbit Thaw remained
RI the Criminal Courts building wait
ing fer the jury to CONS in. but Nrs.
William Thaw. the mother. and Mrs
Carnegie, the sister of ;he defendant
went home at noon. after having lis
'ene TO Justice Dowling's charge.
large crowd remained in the
court house corridors. anxious TO ser
The closing of The trial.
District Attorney Jerome would NOT
say What his course would be in case
OF another disagreement but II is
expected that he will demand The
thi'd rial
Justice DowIine's Charge.
IN opening. Justice Dowlng i'm
pressed upon the Jury the responsi-
Duly which was theirs. telling then.
'hts they shonld Lear In mind that nm
on their verdict depended the life or
Illerty of the prisoner. "Your ver-
d'ct must not be Influenced bv any
matter outside The record" said no
"Ncitlier passion nor sympathy should
sway !onr deliberations. You must
not speculate Or guess as to matters
rs evidence here, You must decide the
issue solely upon YOUR calm. disnas
S'onatc Judgment as 10 the weight
crciibiiity end meaning, OF tho tcsti
Ino'iys Nor are you concerned with
plie punishment which may follow n
verdict of guilty at vour hands. Your
sole junction is To determine if any
cronc mas been. committed. its grade
anf leave The question CT penalty to
'hHse responsible for imposition.
.fon VIII rccoilect that the aida
VII Of EVELYN Nesbit was not received
N eNidcnca@as affcrding proof of ei-
'her the Truth or faSliy of The state
n,'nitS therein contained said he.
nut solely for Inc purpose Of seek
me 70 establish the fact that the Wit
nos mad made statements under oainI
cohtradictory of or Inconsistent with
nose made by her upon this trial.
ana II you find that contradictory or
Inconsistent statements were actually
: made By her CT b. any other witness
as to matters actually involved in the
main isiue herein rs testified to. you
may take that into consideration in
arriving al a conclusion as to the
credibilty of snch Witnesses
The various degrees Of homicide
We're defined and the justice devoted
much time TO Calculating the legal
, meaning Of tho words "dclibcration"
and Decentralization" These words.
he said. imply the CAPACITY at tie time
Of the crime to think and renec; ami
hY JIG ,ics of these powers to refrain
, n ~ doing wrongful act He said
" Il IN The consideration OF dolibera-
(C,Ouffnuad m ri,ir.t ,,a,o