Arizona republican., 1915-03-13
After Some Four Hours Deliberation Twelve Men Fail to Reach Agreement and Are Locked Up for the Night
MATTEAWAN YAWNS
 FOR THE SLAYER
While the Case Was Being Heard Two Attendants from Hospital for Grim inal Insane Are Seated in Court-ROom
ASSOCIATED PRESS DIsPATcHl


 NEW YORK. March i2.-After some four hours deliberations to- night the jury in the case of Harry K Thaw and four other defendants, on trial. charged win conspiracy. failed to reach an agreement and was locked up. Two attendants from Matteawan hospital were in court in the afternoon It is said that no matter what the verdict of the jury. Thaw will be rushed to Matteawan in an automobile by these attend ants immediately after some decision is reached or a disa greement is re- ported.
 Thaws attorneys, however stated a writ of habeas corpus is awaiting the signature of a supreme court justice
 They said they planned to have the writ signed immediately upon the re- i turn of the jury with a verdict or a disagreement The writ. it is said. would serve to keep Thaw within the jurisdiction of the courts of this county If Thaw is taken back to | Matteawan he would be under the 1 jurisdiction of the courts of West 1 Chester county another judicial dis trict
 1 The jurors. it appeared from ques- ! tions asked by the foreman. were di- vided as to Thaw's legal status at the time of his escape and as to what effect on a verdict his belief that he had the right to flee should have.
 The jury retired at 5:29 o'clock and remained in deliberation for an hour and q quarter As no verdict was reached. Justice Page declared recess until o'clock and the jury was taken out of the building for dinner At 9:20 the foreman sent out word that tue jury desired to ask few ques- tons Of the court.
 ThaW was brought to the court room.
 The jury wanted to hear that part of the charge which related to Thaw's intentions at the time of the escape, and also the part that had to do with Justice Dowling's commitment and what bearing the commitment had upon Thaw status at the time he was flee ing out of the state. These parts of the charge were read.
 Upon the request of Deputy Attor
 nev General Cook. Justice Page then
 modified slightly charge he had made
 during the afternoon instructing the jury to acquit Thaw if they found that
 he had an honest misconception of his rights at the time Of his escape. This charge was so modified as to read that the jury was to take such misconcep-
 tion. if it existed into consideration as
 bearing on the question of intent
 The jury then again retired to it's
 room to deliberate.
 Until 11:20 D. m. when the jury was officially put to bed and a recess of ? court until 10 a. m. tomorrow morning l was taken. the presiding justice and counsel for opposing sides remained ir the court building. Thaw himself sat l in the sheriff's office. directly above the
 court room.
 The jury deliberations, starting a'
 half past five. were interrupted for din
 ner from which the iurymen returned
 about nine o'clock After that theA
 asked for instructions which were giver
 after Thaw had been brought into court . in protection of his constitutions right.
 Tn his charge to the jury Justice Page said it wasn't necessary for thu
 state to prove that the parties to al
 legged conspiracy had come together il 1 order to prove a conspiracy.
 If they act in concert he asserted that is sufficient to establish partici II patton. Previous acquaintance is un necessary. If you find that the action 'i of the co-defendants here were S s timed that they acted in concert wit :" the defendant Thaw. then there is ' conspiracy and their acts can be con
 sdered as designed to obstruct justic - and the proper administration of tn
 law