New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-03-13
DISAGREEMENT IN
CASE PREDICTED
His Mother. Sister and
Brother Keep Vigil
with Prisoner.
JURY ASKS GUIDANCE
Habeas Corpus Writs Ready IN
Case OF Acquittal TO Foil
MatteaWan Aids.

Harry x. Thsw's latest jury was
locked up at 1l:22 last night after
having failed in six hours, lacking
three minutes. to agree whether he was
guilty Of conspiracy in making his es-
cape from Matteavan August II, 1919.
Justice Page announced that court
was adjourned until 10 o'clock this
morning. Thaw, who had spent tho
evening in Sheriff Grifenhsgen's offi-s
with his mother. sister, Mrs. Gsorgs
l.. Carnegie, and his brother Josiah.
went back 10 the Tombs trihe de-
pressed at the absence of q verdict.
His disappointment was due entirely
TO the lack Of a verdict, for he has
insisted all along thatno matter what
the jury said he would never be re-
turned to Matteawan.
Prosecutor Smiles at Thsw.
After tho jury had gone ou. Mr.
Cook. the Deputy Attorney General.
chatted in friendly way with Thsv.
with a good-natured poke in the ribs,
he said with a smile:
IF you had pleaded guilty you
would not have caused me ell this
trouble"
"If you had let me alone" returned
Thaw, 81 would not have caused you
any trouble"
As the evening wore on the mys'
terious underground carried rumos
that the Jury was in hopeless tsngle,
deadlocked so tightly that nothing bus
a disagreement could be reported.
At about $3.50 the jury came into
court for instructions. The foremsn'
Frank Bailey, said that a juryman
wanted to know whether the questions
asked them by counsel in qualifying
them as jurors were 10 be taken into
consideration. The court told them
that only the evidence in the case was
to be considered by them.
Mr.. Bailey then asked him % re
read that portion of the charge IN
which he said that if they found rhsw
acted under an honest misconception
Of his rights in leaving Matteswsu he
was entitled 10 an scquittal. When
this was re-read the court, at the
request Of Mr.. Cook, said this mis-
conception OF his rights had a bearing
on the question of intent only.
When the question of criminal in
tent had been passed upon by Justice
Page the jurors attitude changed snd
the fifty or sixty persons remaining IN
the courtroom optimistically hoped for
an immediate verdict. The fifty or six
ty, many of them women. were still
there two hours later when the lights
were put out.
Captain Lynch, Of the Court Squsd,
and some OF his men remained on duty
TO provide food for the jurors or such
other comforts as might be desired.
Jury Takes Up Case.
The jury ret "a at $3.50 o'clock 20
wrestle with the five ply problem as -
the guilt of Thaw and his four code
PENDANTS The arguments they had lis
tened to during the day by the proseeu-
tion and by the various counsel. topped
or with Justice Pages charge, made
each one of the five q real factor IN
their deliberations. The court made ~
plain that the question Of lhaW's pres
cnt sanity was not at issue
At the conclusion Of the testimony
Thaw and Richard Butler, the ringlesd-
er Of the crew that rescued Thsw.
seemed 20 stand out az the two definite
figures, while the others were involved
IN more or less uncertainty. apparently
IN their favor.
But the argument and the courts
charge laid emphasis on details of the
evidence that brought them out as real
issues, despite the attempts of Mr.
Stanchheld 70 assume for Thaw full re
sponsiblity for their acts.
There is 40 fair jury hore," Mr.,
Stanchfeld said, IN closing, III there
fingers in the mind Of any ono Of you
the thought that Thaw's acqhittal for
the murder Of Stanford White on the
ground that he was insane at the tims
Was not just.
"And remember this-undor the stat.
ute he was committed 10 Mstteswsn
until ne became sane ana every ut"-
ment he was kept there after that no
was illegally detained.
Money Was No Object.
"My distinguished opponent, w.
Cook, the prosecutor, drew to himsef
much professional pleasure because he
got from Mr.. Thaw the statement that
he paid Butler $4,000 for a days work
n. l.. 90
ures were amazing % Mr.. Cook. ! was
in Vichy, France. when the war broke
out, and | paid $1,000 for an sutomo, e
bile 20 take me to Dieppe. The so'yVV
Thaw paid was proportionste to tss
services he expected Ill,
Then he turned 10 gosd frSn,u"
Kennedy Deputy Attorney General.
sisting Mr.. Cook in the pIo.seu'igyha yan
81 will say. in passing, rist M. h~