The Washington herald., 1908-02-01

New York Jan. 5L-The Thaw jury was
locked up tonight at uIO o'clock. having
failed 10 agree upon a verdict. At that
time It was said that the jury stood d
for acquittal on the ground Of insanity
and for conviction Of homicide, though
this information was not official.
At one time it was said that the Jurors
stood for acqulttu on the ground OF
insanity and for conviction Of murder
in the first degree. The jury was locked
up until 1879 o'clock tomorrow morning.
No definite information came from the
jury room. Justice DowIing spent the
evening at the Manhattan Club and re-
ceived reports from the courtroom. al
though it was said he did not inquire as
10 how the jury stood
When he was told by Capt. William
Ricketts, at Il o'clock. that there was no
possibility OF the jury agreeing at that
hour, Justice Dowling gave the order 10
lock the jury Up Tor the night.
Little Interest shown.
y
paper men there was no great interest
shown in the result about the Criminal
Courts Building Tie policemen stood
around. but they had little to Go. A few
women who had been looking over China
town dropped in and We're "shooed'' away.
The district attorneys Office was kept
open all the evening Mr Lttleton anu
SIR. O'Reil!y were near by. Evelyn Nes-
bit Thaw waited In the room upstairs
next to the pen where Harry Thaw had
been sitting while the jury was deIib-
Grating. Before the defendant was taken
back TO the Tombs she kissed him good
night
From the measer reports Of the jury
room it seems almOst\a certainty that
the jury viii disagree Any application
made by the defense for the release OF
Thaw viii be vigorously opposed bv the
district attorney. II IS the understand
ing now that if necessary Tba,v will be
tried a third time. Late tonight the dis
trict attorney was contemplating a third
trial
II is expected ti-at ThaW-s relatives. in
tie event Of disagreement, viii attempt
to get him ont ON bail. but there seems
no doubt that this viii be fought by the
district attorney
Immediately after the jury retired to-
day young Mrs TIaw went up To the
detention pen. where she stayed with her
/ husband until he was removed to tile
T0mbs
Await News at Hotel.
IhaW S mother and sister went 10 tba
Hotel Lorraine. where they have been
staying ever since they arrived I'm town
Mrs. Thaw arranged with Thaw's counsel
70 telephone her the news from time IN
time. and she did not visit the Criminal
Courts Building or see her son again
during the course OF the afternoon and
evening.
RumOTS Of all kinds began 10 circulate
shortly after the jury retired. Mr.. Jerome
was asked what action he would take
should the jury acquit Thaw ON the
ground Of insanity.
u shouldn't DO anything ne answered.
1T would be up TO the court. The court
could, it believed ThaW Iunatic
dangerous to the public safety. commit
him to an asylum for the criminal insane.
there 70 be held for observation and re-
port"
FeIIOw-PrisOner There.
One Of the persons who visited ths
Criminal Courts Building in the after
noon was Rafaele Casconi the Italian
who was for "a long while a feIloW-prison-
er of Thaw in the Tombs. Casconi was
once convicted OF murder. but got a new
trial. and WAS then acquitted He and
Ihaw got to be very chummy in the
Tombs. and were allowed at one time to
exercise together He told everybody
who would listen how interested he was
I'm Thaw's case. and how much he hoped
that DE would be acquitted
AT O'Clock the jury went up 10 the
Hotel knickerbocker, for two purposes.
The first was TO set dinner The second
was TO pack up their belongings. that
have been accommodating there in their
rooms in the course Of the last few
weeks, and take them down TO the Jury
room where they were to spend the rest
of their time until they were discharged.