Los Angeles herald., 1908-02-01
THA w JURY
LOCKED UP
FOR NIGHT
RUM0RED THAT MEMBERS ARE
HOPELESSLY DIVIDED
ATTORNEYS HAVE VISIONS OF
THIRD TRIAL
Prisoner Retires to Cell DisconsoIate
Because Of Delay In Learning
His Fate-Jerome Say
Little

BY Associated Press.
NEW YORK, Jan. Slater waiting
for nearly twelve hours for the jury
in the Thaw, case to report, Justice
Bowling, shortly after II o'clock to-
night, ordered the doors of the jury
room locked for the night, and ad-
journed court until 1030 a. m, when
he will hear any report they have to
make.
The rumor persisted throughout the
evening that the jurors were hopeless
ly divided, eight to four. Mr.. Little
ton of the defense expressed the belief
that the majority of the jury favor a
verdict of not guilty on the ground of
insanity, and when he left for his home
was still hopeful that decision even
tually would be reached.
District Attorney Jerome said: mo
body can tell what a jury will do, so
what is the use of specializing?
Thaw retired disconsolately to his
cell in the Tombs. He expressed the
fear that a third trial would be neces-
sary. This was the general opinion
held by the court attaches.
The attorneys in the case were deep
ly disappointed by the trend of affairs,
as everyone hoped that some definite
conclusion might this time be reached.
Mr.. Jerome would not discuss the
possibility of third trial. but said
that if there were one, it might be in
some other jurisdiction in the state
than New York county.
The twelve jurors retired at 11:40 a.
m, after listening to a charge from
Justice Victor j. Bowling, who sought
to impress upon them that the burden
to prove the sanity of the defendant
rested upon the prosecution through
out the trial, and declared that if from
all the evidence in the case the jury
| entertained q reasonable doubt as tc
his sanity the defendant was entitled
to the benefit of that doubt.
Warns the Jury
At the same time he explained the
provision of the statutes which says
that only persons excused from criminal
responsibility are those who suffer
from such a defect of reason as either
to not know the nature or quality of
their act or not know that the act
is wrong.
$50 many hold that this is too hard
a test" commented the court "but it
is the law. 1t is clear, explicit and
reasonable Mark you, that the law
says. that a defect of reason and l
must instruct that defect of reason is
not an opinion a man may hold as to
the justice or correctness of his own
acts or an opinion that the laws of
the land are wrong. Hatred and re-
venge are not insanity. Most crimes
are committed from just such motives
as these"
Mrs. William Thaw, her son Josiah
and her daughter Mrs. George L. Car
negie, and Evelyn Nesbit Thaw were in
the court room while Justice Bowling
read his charge. From the moment
the first words came from the bench
until the jury had filed out to begin
its deliberations the court room doors
were locked and no one was allowed to
pass in or out. AS the jury was about
to leave the box Justice Bowling asked
If they desired any of the exhibits of
the case. Foreman Gremmels replied:
"The jury would like to have them ALL
Thaw was compelled to stand and
nod his formal assent to this action.
The defendant listened intently to the
Judges charge. the reading of which
occupied just forty minutes. The fact
that the jury desired to examine the
exhibits was taken to indicate that
they would be some time at their delib-
erations.