END OF THE THAW TRIAL.

New Zealand Herald, Volume XLIV, Issue 13497, 25 May 1907, Page 2 (Supplement)

END OF THE THAW TRIAL.

■'I.'/T :■■:■'• ■.".:■ . .:■'■'■;:■"■■ .'• ' ■'■ CLOSING SCENES. ;S'^;. ; "j:'.■'.:':'■. ; !"!:■■'■ : ". ' ]'•:% '.■ V;'" ~...' POSSIBILITY OF A RETRIAL. New York, April 12.—Hopelessly divided seven for a verdict of guilty of murder in the first degree and' five for acquittal on ■■■':■ the .ground of insanity—the jury which : ■ since January 23 last had been trying Harry ■■■■ Ki Thaw> whom on April 4th-a commission 'declared to' be sane', reported 'to-day,'' after 47 hours and eight minutes of deliberation, ;-• '"that 'it could hot possibly agree on "a ver,„.dict. ~, .':■;■:.■ •;'The 12" men were promptly discharged ' - by Justice Fitzgerald, who declared that 7 : Be",' too, believed that their task was hope- "'! " "less. Thaw was remanded to the Tombs '.without bail to await "a second trial, on V,.the charge of having murdered Stanford ,:' White. - *

When this new trial would take place no one could express an opinion. District At-

torney Jerome declared that there were

. many other persons accused of homicide ;', j awaiting .trial,,, and Thaw would have to • take his turn with the rest. As to a possible cliaoge of venue, : both the District 'Attorney and counsel for Thaw declared they would make no such move. .Thaw's attorneys will have a conference '■„rto-morrow, with the prisoner to decide on '" their next step. They may'make an early \ application for bail. Jerome said he would strenuously oppose it. He added the be- ' lief that as seven of the jurors had voted for "guilty" his opposition probably would ■ be successful.

In that event. Thaw has another long summer before himi in the city prison, for .'his case on the already: crowded calendar cannot possibly be reached until some time j ■ next autumn. * -" -„

. The,scenes attending the announcement by the jury of its inability to agree were .' jobbed of dramatic interest by the general belief that after their long deliberation and[ the reports of a wide division of sentiment the jurors could make no other report than * ene'of disagreement. . ' Thaw, surrounded by the members of his family, including his sister, the Countess ■ t of Yarmouth, who immediately cabled to her husband in England the words: " Great disappointment," received the news in absolute •'.» silence. When it became known . that the jury, was about to make its report Thaw called his wife to a seat by his side . and sat with his right arm thrown about her until he was commanded to stand and ,".face . .jurors. ,„ Smiling and confident whenhhre r entered the court-room, he sank ' limply into his chair when Foreman Deming B. Smith, in • response to a question byi Clerk Penny as to whether the jury had agreed upon a verdict, said: "We have not."

"WIFE TKIES TO CHEER THAW. l The mother,- her features hidden behind "it dense veil of black, sat stolid and motion- 6 ••■ '-less. "j In ill-health of late, she had felt the x strain of long /hours'waiting and anxiety, j The wife grasped her husband's hand tight- j. . ly as thfe jury spoke,' and then, when he _ ■«sank down by her i side; • she tried to cheer f him as best she could by saying that she ] ; believed he would be admitted to bail arid x ■ a second jury would surely set ; him free. { v The mother;"the sister, and \ the brothers, t ; pale and well-nigh exhausted by their tedi- 'j "■ ■>ous, nerve-racking wait for a verdict, were { permitted" to speak with Thaw for a few • moments to bid him be of good cheer before j "be crossed the Bridge of Sighs to the cell j * which until a few minutes before, he had , };•:: hoped that he was about to quit forever;; ' ' Outside the ;; bigs square Criminal Courts t ■ building only a few hundred persons were £ gathered. Thousands had been there ear- , Her in the day,- but. police reinforcements > ; . ; had arrived with instructions to keep every i H- one moving, i and this had soon tired; the ■ ;, idle: and curious into a willingness to "depart. • * . ; -The court-room itself was';■>half-empty. * . Only the newspapers men, = the * court at- ] ~, taches,; and a few favoured friends were al- ' lowed to enter to hear the verdict. Justice ~,,. Fitzgerald feared a . demonstration; of \ some < ':"<'.; sort should the general /public,_be admitted, < , f and he gave strict, orders against; this. r;Vv } '/,.' ; It? was twenty-five minutes past r four 1 o'clock when'the; jury filed into 'the court- ] . room. Harry Thaw had been waiting for a 1 ysummons to?face the-;;jurors ever since 1 ,; shortly after "ten. o'clock this morning. He felt that;to-day, would bring I a crisis, and f ;...; that either,, a verdict 'would be reached or i i Justice Fitzgerald would discharge the 1 " jurors from any further consideration of 1 the case. J This was the general belief,■and the only 1 remarkable feature of the case was the dog- > ■ ,'ged manner in which the jurors; continued 3 at their task and declined to ask to be ex- ' bused. ;^ ; ?''v'." ;; .-.-;:../:.'".' ' ' i ;": Justice Fitzgerald had determined to let ! ;;"' them fight it out among themselves until ; '■■: they called for assistance.;. This appeal' came \ T ; at a-quarter past four o'clock, and then a 7 - followed ' a hunt for counsel, both District i (Attorney Jerome and the attorneys for the j] -.■'''''defence " having temporarily left the bmld-j ■ ing. . ' ji When they arrived Justice Fitzgerald j] notified :> them* of the jury's communication!! that a disagreement seemed inevitable. | 1 Everyone connected with the case seemed ji -. willing to accept the situation as offering "■"■'■ no hope and then followed the brief court- - X room proceedings at - which the ■• disagree-! ". ment was publicly announced, the jury dis-|' ~" '.'■' missed/ and the prisoner remanded. The j ■ jury entered the-court-room at twenty-five i minutes past "'; four; o'clock, - and .'.■ was free '. , - eight minutes : If ter. • Thaw, when he had _; returned to the Tombs, gave out the fol- *'" lowing statement: _ - ' "I believe- that every man in the jury possessing average intelligence, excepting ■ • 'possibly s Mr. > Bolton, comprehended the "weight* of evidence and balanced it for' acquittal. All of my. family bade me goodbve with courage. I trust we may keep '.- well." - .:. ■ , - ~_ • • '•' • ritfSONEK. DISAPPOINTED. ■ To his attorneys Thaw said he was/deeply disappointed; '* ;--:v-v-.-: ■■.■;:;''•■■• : -;.•>■ ;*•*•:;■- j.-;- " But I_ could , hardly expect anything else, in view of the events of the last few - days," he added. : .- ." v . : ; " Early in the day Thaw- had given out .' another statement, in which he had de- : sired that his'fate should be judged on the - " written laws of the State of . New York." - He declared that he believed the evidence ; adduced had convinced even District Attorney. Jerome of his innocence under the' • ! strict letter'of the law. , " -;" Attorney* Delphin M. Delmas, who con . ducted Thaw's case in court and who, in -making 'his* summing-up address to the jury applied almost directly to the " unwritten law" or "dementia Americana," as he termed it, was not in court when the jury made its report and was discharged. • .-Thaw was > brought v before the jury at twenty-nine minutes past four o'clock. He • : u entered smiling and confident. When his wife appeared, and after smiling a greeting to him she was making her way to her accustomed place, Thaw caught her by •the sleeve and beckoned her into the un',.occupied chair beside him. Ho put his right.arm around her waist.. - Justice Fitzgerald said to the jurors: — "Gentlemen of the jury, I have deemed it my duty to keep you here as long as there was a possibility of your reaching a verdict. I have arrived at the conclusion that it will' be impossible for you to do so. ~ ;1., have consulted with counsel for: the de- ,. fendant and the learned District Attorney, and I am 'going to discharge you from further consideration of the case, the Public Prosecutor and counsel for the defendant i! consenting to such discharge." '■-.".;, District. Attorney Jerome said he conf sidered it would be his duty to put Thaw again.' '."_', ' ' " There are 34 homicide cases in my office," he said, "and 15 or 16 murderers * : in the Tombs, and they must have their day in court. Thaw must take his turn." ."■■,-''•:■.■■;.-. QUARREL WITH COUNSEL. ■■-..,. New York, April 19.—D. M. Delmas, Thaw's, counsel, has quarrelled with his -client, and in ": a statement made to the press) to-day, states: • - "I have: positively • determined to have nothing more : to do with I the Thaw case. That is settled, and '■■ all talk that I may be : - induced to re-enter the case is merely news- '-)- paper chatter. W If the people only knew ►V what I have had; to endure they would better appreciate my determination. ;= ;, ■', ::.-**Young Thaw has been so pampered and humoured that lie is no better than a spoiled child.;: He was constantly giving sug-;

ge&tions and mandatory directions concern-' ing the conduct of his defence; was full of whims, fanciful caprices I and • wild vagaries, and kept us in a constant state of perplexity and turmoil. i : " He was intolerant of any opposition to his own stubborn views. His lawyers were ordered ; around as if they .were waiters. Bring me this and bring ;me that,' <he would order, and he would- give commands for us to come and go at his bidding. -*' j "Last Tuesday night I -was at a dinnerj at < which there were ,- a- number : of distinguished guests seated near me. One was a j justice of the United States Supreme Court. I Mr. Collier, of Collier's Weekly, was there, and Colonel Harvey, of Harper's Magazine. I Such ■ men as these expressed the opinion j that Thaw was » lucky fellow to have escaped even as well as he did," and some of them believe that he will be convicted at his second trial if.he has another." *"

"Do you think there is any doubt he' will be tried again?" Delmas was asked, and he replied significantly: — . j "He will be tried again unless before, that time he becomes a raving lunatic. It would be a merciful thing, not only for himself, but for his family and all concerned, if he could be incarcerated in an asylum for awhile. It might not be for long. At any rate, it might save him from a worse fate." »