The Washington herald., 1908-02-02

HARRY KEN
of the court squad. Deeked IN and came
back with the announcement that the
jury was ready to report
First Word from Jury.
/ Up TO that time there had been no
communication at all from the jury. There
was speculation as 20 whether the jury
was about To inform the judge that they
couldn't agree or TO announce they had
Iagreed
Justice Dowllng had been i'm his cham
bers for about an hour and was talking
To- Jerome AZ the time The Thaw law
yers, Littleton, Peabody, and ORenIy,
were i'm an adjoining room. chatting with
Evelyn Nesbir ThaW. who had come TO
the courthouse early.
Young Mrs. Thaw said she couldn't un-
.dorstand why there was any trouble in
the jury agreeing. 1t was perfectly plain
Ito Ler that on the evideuo, her husband
should be acquitted.
She int!mated that the prospec. OF
third trial worried her good deal
The only other member of the Thaw
family present was Josiah, Thaw's half
brother His mother and his sister Mrs.
GeoIge Lauder Carnegie. remained at the
Lorraine. but received telephone mes
s8ses Irom the lawyers,
Thaw had been sitting upstairs iu the
prison pen, impatient al the delay He
had spent "a nervous and restless night
fF I4 -i
marks OF the strain hr was urlrrgoing.
In the course Of the morning, while pac-
ing up and down the room. he said.
Il am afraid that despite the vigilance
Of my counsel. one or two men who have
innate preiUdices against me became
members or the fury. / have in mind one
man i'm particular. but 1 do not care 10
mention h.s name.
His attitude o. autag0nism 20 ue was
So open during the trial that it was nat
ural ! should take more careful notice
of him than Of any one else IN the court
I0om. / could not overlook the fact that
he was friendly with a member of the
prosecution
The attitude Of this man was partirU-
larry noticeable while Mr.. Littleton VS.
summing up"
Jury brought Into Court.
Tt was not more than an hour later that
the jurors marched into the courtroom.
A few OF them looked tired. George Cary.
the eX-Confederate major. who was the
oldest man on the jury. looked as fresh
as on the first day he sat in the jury
box.
As the twelve swung around the brass
rallied incIosure on the north side OF the
courtroom and made their way to the box.
two of them hummed softly to them
selves. Justice DowIing had already
taken his seat and the courtroom was
well filed
The doors were locked and Clerk PEN
uey said.
Harry X. Thaw. 10 the bar"
The prison guard, who had been sitting
in the rear Of the courtroom, didn't seem
to understand the order. Il was minute
or so before he hustled out and got Thaw.
The defendant glanced over the court
room as has been his custom. and walked
slowly 20 his seat at the cOunseTs table.
His wife and Josiah Tnaw had their usual
seats. and next 20 Josiah sat theodore
Roosevelt Pel, cousin Of the Presiden;
and tennis player OF note. He is a friend
of Josiah Thaw
Harry Thaw did not turn his head in
the direction Of anybody in the family
group.
Have YOU agreed upon verdict, gen
tlemen Of the jury?' asked Clerk Penney. |
Foreman Charles Gremmels stood up and
answered.
we have
Verdict Is Delivered.
Then the other jurors were told to arise,
Thaw stood up, the usual routine was
gone through, and then Foreman Grem- |
mels said. reading from slip Of paper:
we find the defendant not guilty"
From the Thaw pew, as the seats where
the members Of the family have been sit /
ting have been named, there came three
sharp handclaps, that sounded like rife
shots in the still courtroom.
Everybody had been warned by Justice
Bowling that there must not be any dem
onsTation whatever.
who did that?" asked the Judge. !
sharply. as he glanced in the direction Of
the Thaw party. Capt Lynch pointed out
Mr. Pen, who was at once taken up TO |
the bar He was fined S25.
Pell didn't have the cash. but was ready
to sign a check for any sum. But checks /
are not taken by court clerks, and Mr. /
Littleton and Mr.. O'Reilly offered 20 helm 4
him out Mr.. Pell declined to accent p /
loan from either Of them, however and