Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-03-13
THAW JURY LOCKED UP
FOR NIGHT; NO VERDICT
After Having Delibcrnted for -Four
Hours Without Result, Court
Orders Recess.
BOTH READY FOR NEW MOVES
Jurors Seem Divided on Question OF
Legal Status at Time OF Escape
and Part His Belief in Right to
Get Away Should Play.

NEW YORK, March l2-After hav-
ing delibcratcd FOR more than four
hours. the jury in the case of Harry
Kendall Thaw and four codofendants
on trial charged with conspiracy had
failed late tonight to reach a verdict
At il:22 o'clock the jury was ordered
locked up for the night. and n re-
cess Of court was declared until 20
o'clock tomorrow morning
The jurors. II was apparent from
questions asked when its foreman came
III for Instructions, seemed to be de-
vided on the question as to what Tina VS.
legal status was at the time of his
escape. and what part his belief that
he had a right to fee should play in
tho determination OF verdict
The case went to the jury late to-
day. after completion OF the cross-
examination OF Thaw and the delivery
Of closing addresses to the jury by at
torneys for all the interests concerned.
In his charge 10 the jury. the prcsid-
Ing justice said that the question OF
Thaws sanity should enter into the ca Sc
only In so far as he might be shown
TO have mental capacity 10 enter
into criminal act and intended to
do So
The jury left the courtroom at 5:2e.
instructed by Justice Page that they
could vote upon the case OF the FIVE
codefendants each Independent; o, the
other. Justice Page told them TO con
sider the law dealing with conspiracy
only. He commanded them to take no
need OF the question Of sanity
sTANCHFIELD PREPARES
WRIT OF HABEAS CORPUS
Immediately after tho exodus of the
jury. Thaw's chief of counsel John b.
"a r,ra ,nI
corpus. Mr.. Stanchticld intended pre-
s.nting the writ to Justice Page for
the latter's signature at once, so that
any attempt on the part OF the Mat
wan authorities 20 hustle Thaw back
10 mat Institution might be forestalled
Several possibilities concerning Tha VS.
Immediate future existed DIR Raw
moHd kieb. superintendent of Mattea-
wan, and his assistant, DR.. Joseph w
Moore. accompanied by husky guard,
were present and ready to take charge
OF Thaw Immediately the court was
through with him.
Dcput: Acknowledgement Cook de-
cIared that no matter what the YER
dict, the State would denim nd that Thaw
h" taken back 10 Ma;tcawan lie said
mat II Thaw were freed. the court
would bc asked 10 turn the prisoner
over to DR.. kieb and that II Thaw
were found guilty, the State would ask
Tor the prisoner anyway, maintaining
that the bowling commitment super
sed"d everything else The State in
tended asking tina; Thaw be returned
TO the hospital for tho criminal insane
II only pending the date OF the return
OF habeas corpus writ.
II was said that Thaw's attorneys
would ask, IL n verdict OF not guilty
were rendered, that the prisoner be re-
turned TO Manchester. y. H. This possi-
n'h'E was based on the theory that
I a ~
preme Court had agreed upon Thaw's
cXtradition only because there was cyl.
dcnce OF possible conspiracy In Thaw.,
escape. verdict of innocense would
mean that the cxtradition was Illegal
CHARGE CONSIDERED
FAIR nr LAY FOLKS
Justice Pages charge was consider
ed fair by the lay folks in the court
room and was entirely agreeable to
me state: Mr. Stanchhcld. Mr.. Levy
ana MT. Carpenter made many requests
FOR additions to the charge, mos. OF
which the Justice denied.
10th MT. Stanchfield and Mr. Cook
made strong pleas. In his appeal to the
jury, Mr.. Stanchfleld made n ather saw
age attack upon Deputy Attorncy-Gen-
cral Kennedy.
MIR. Kennedy has, for nve years
male his living prosecuting Thaw."
shouted Mr.. Stanchheld TT has been
MS ousiness-his only business. I'd like
some time TO have the opportunity OF
cross examining Mr.. Kennedy"
y hone So" interrupted Mr. KENNEDY
Yes. snapped Mr.. Stanchncld you'd
remember IT."
I'll take the stand now IL the court
VIII permit" declared Mr. Kennedy.
We'll. take IT," shouted his antaeo-
mist.
But the court stopped the personal
night and demanded that the case go on.