New York Times (April
13, 1907)
Thaw
Mistrial; Jury Was 7 to 5 Majority
for Conviction
After Forty-seven Hours of Deliberation. The Prisoner
Is Brave Bitterly
Disappointed,
but Shows No Breakdown in Court. New Trial In
October Jerome Says
It Can’t Be
Before That—Will oppose Release on Bail. Crowds
Awaited Verdict Cheered
Thaw’s Wife and
Family When They Left After Hearing of Disagreement. Failing
to agree on a verdict after more than forty-seven hours of
deliberation, the
Thaw jury was dismissed at 4:30 o’ clock yesterday afternoon.... For
several ballots the vote stood 8 to 4. Then there was one more change,
which
increased the number of those who would set Thaw free in the ground of
insanity
at the time of the killing to 5.
Thus
the final vote stood yesterday to 5, and the jury is said to have
divided as
follows:
For Conviction:
For
Acquital:
With
no hope of a change from this attitude the jury was relieved of its
task and
all the work done since the first talesman was examined on Jan. 23 had
gone for
naught.
But
Harry K. Thaw will be tried again for the murder of Stanford White.
District
Attorney Jerome says it will be October before the new trial can be
moved. When
court reconvenes on April 29 an application may be made for admitting
the
prisoner to ball. Mr. Jerome will oppose it. Thaw,
while bitterly disappointed at the result, bore up bravely. His family
seemed
more downcast. Thaw’s Disappointment
Bitter. The
discharge of the jury and the declaration of a mistrial were brought
about
without dramatic effect. Harry Thaw had been told before entering the
courtroom
that the jury hopelessly disagreed, and that his counsel thought it
best to
concur with the District Attorney in proposing the dismissal of the
jury. The
young Pittsburger had earlier in the afternoon again bundled up the
mass of
letters and documents which he meant to take with him from his cell. He
was
even at the eleventh hour hopeful of acquittal. He thought that the
appeal of
Mr. Delmas, who pictured him as Sir Galahad rescuing forlorn damsels,
would
impress the jury so greatly that he would be liberated before the
setting of
yesterday’s sun.
After
some words of encouragement from his lawyers Thaw braced himself and
followed
his prison guard into the courtroom. He slipped into his chair at the
head of
the table reserved for the lawyers for the defense so quietly that few
of those
in court noticed him. As
she sat close to him Thaw dropped his right hand toward her, caught her
gloved
hand, and held it fast. Jury
Is Dismissed Some
court attendant pressed a button and the drab of a cloudy April
afternoon was
relieved by the glare of many electric lights. Clerk Penny arose from
his seat
and called to Thaw to stand and face the jury. He then turned to
Foreman Deming
B. Smith and called to him and his eleven associates to face the
defendant. Thaw
stood up. In the glare of the electric light his face showed plainly
the pallor
that comes from long imprisonment. The lines from the curve of his
nostrils
down to the chin seemed to have deepened, as if the keenly sharpened
plow of
adversity had suddenly furrowed them. A few moments before he had sat
with his
pitiful little treasures in his lap, all neatly bundled and ready to
carry them
to the great life of which he had been deprived for nearly a year.
He had
even arranged a tour abroad with his wife. As
Thaw rose he threw back his heavy shoulders and put his chin in the
air. He looked
squarely at Foreman Smith and Smith
looked at Justice Fitzgerald. The end of the case was brought quickly.
Penny
asked if the jury had reached a verdict. Mr. Smith said simply that it
had
not. He then plumped himself suddenly into his chair, and Thaw sank
into his. Then
Justice Fitzgerald said: Mr. Jerome added: “For
reasons
known to your honor this room of court should be kept open, and
adjourn,
adjourn sine die, but to a date which your
honor may choose.”
The
Jurors jumped from their seats in the box, entered the jury room,
grabbed their
hats and overcoats, and hurried from the building. Sad Parting For Thaw
Family Harry
Thaw, realizing that for the time being, his hopes of freedom were
dead, looked
about him in a dazed fashion. His
mother and his sisters, Lady Yarmouth and Mrs. Carnegie, and his
brothers had
slipped into the room and were sitting behind his chair. The mother
dropped her
veil, and if she wept none saw it.
Thaw
pulled his overcoat over his arm and once more stood up and turned to
follow
his prison guard. At the door leading to the path toward the Tombs Thaw
cursed
and looked over his shoulder in the direction of the place where his
mother
sat. He seemed to desire a moment with her or with some one of his own
[illegible]
and kin. Evelyn Thaw had already left the room. Her face was placid:
her
husband’s was terribly drawn. Lady
Yarmouth stared toward the bench, which Justice Fitzgerald had already
abandoned. Mrs. Carnegie, whose face has shown almost as haggard as the
face of
her brother on trial, stretched out her hands, and to Mrs. William Thaw
signified that it was time for them to depart. The police cleared a way
to
their waiting automobiles. Josiah and Edward Thaw walked together from
the
building. The Final Day of Strain The
day was one of anxiety not only to Thaw and his family, but to his
counsel and
to Mr. Jerome. In the early morning, after rumor had it that a verdict
would be
reached within an hour or two, Evelyn Nesbit That, still attired as a
schoolgirl, sat in the room adjoining the chamber of Justice Fitzgerald
with
others waiting for the final word of the jury.
All
of them felt that the end was near, as the hour for dinner recess
approached.
There was still the slight hope that the jury would agree and bring in
a verdict
at 1 o’ clock. When that hour came the hope was not met.
Out
of the building straggled the waiting groups, and they had to fight
their way
through the crowds that swarmed about the Criminal Court Building. The
one
among them who was not most calm and pleasant of countenance, who was
not
worried by the crowds, nor dismayed by the multitudes of crampling and
curios
people was Evelyn Nesbit Thaw.
She
went with one of the counsel for her husband, not to the French
Café, on On
her return there was such a swarm of curious humanity about that
Criminal Court
Building that Sergt. Kellerer, in charge of the court squad of police,
was
compelled to ask for assistance. Again, from In
this mob were many women: some of them carried children in their arms.
The
police were compelled to use force to clear a way for the prisoner’s
wife.
Meanwhile,
over in the Tombs, Thaw had written a communication to all of the
newspapers
explaining his action in going armed while in During
this noon hour Thaw was told that the child of one of his keepers was
dying.
Thaw said to him, “Old man, you are in a sadder plight than I.” After
his luncheon, Thaw was again brought back to the guards’ room for
another long
wait. This ended with the summons at Thaw’s Comment on the
Jury. Following
his return to the Tombs, Thaw issued a second statement. It read: “First
statement since the disagreement and second and last statement today. “
I believe that every man on the jury, possessing over average
intelligence,
excepting possibly Mr. Bolton, comprehended the weight of the evidence
and
balloted on acquittal.
“
All my family bid me good-by with courage.
“
I trust, D. V., we may all keep well.”
This
statement was signed with Thaw’s name. The reference in it to the
balloting of
the jury aroused considerable comment and discussion as to just what
Thaw meant
by it. It became generally accepted, however, that it had been thought
advisable by the Thaw counsel to keep the real ballot of the jury from
him, and
that the prisoner may, in consequence, have issued his statement in the
belief
that the jury had stood at ten or eleven for acquittal. Jerome Tells His Plans. District
Attorney Jerome was unwilling to comment at length upon the outcome of
the
case.
“There
is little that I can say with propriety,” he declared. “ I may say,
however,
that, in the view of the evidence which has been presented, and the
attitude of
the jury, I feel it my duty to again present to a jury the evidence for
the
acquittal or conviction of this defendant.
“There
are, however, many homicide cases now under indictment; fifteen of them
are murder
cases of the first degree. These demand attention, and it would be
improper to
try them in any other than their regular order. In the meantime the
retrial of
Thaw must wait.”
Mr.
Jerome estimated that the cases deserving prior attention to the Thaw
case will
occupy the time from now until late coming Fall. With good luck, the
Thaw case
may be again reached by next October. In the meantime Thaw will be
confined in
the Tombs Prison. In regard to the admission of Thaw to bail, Mr.
Jerome said:
“Application
for admission to bail is a motion which any defendant has a right to
make, and
which the court must entertain. In view of the evidence adduced at this
trial,
however, and in view of the discussion which has gone on in the
jury-room, and
the attitude of the jury on the question of whether Thaw is guilty or
not
guilty, I should consider it my duty to oppose such an application, and
when
the facts in this case become well known to the court, I am of the
opinion that
no Judge under any circumstances would grant admission to bail.” Change of Venue Not
Necessary. Mr.
Jerome was asked concerning the generally accepted belief that a
retrial of the
Thaw case will be held elsewhere than in this city. He replied that in
his
opinion now such a course is extremely unlikely to be adopted. “It
must be remembered,” he stated, “that a change of venue is not a mere
arbitrary
matter to be settled as pleases the District Attorney or as pleases the
court.
The application for a change of venue has to be based upon satisfactory
reasons
set forth in sworn affidavits.
“The
only ground upon which a change of the place of trial can be made in a
case
like this ne, is that it would be impossible to obtain a jury in this
county
which would try the case fairly. Now, in view of the precedents of the
past,
notably in connection with the trial of members of Board of Alderman in
1884,
in relation to which there has been that newspapers even going so far
as to
print exact copied of the testimony, yet for which a second jury was
readily
empaneled, I do not a present see any reasons to believe that it will
be
necessary to have a change of the place of the trial in this case. “I
see nothing at present which leads me to believe that twelve men cannot
be
selected from the lists of those liable to jury duty in this great
county,
twelve men who will be able to serve acceptably to this great Think Jerome is Elated. Despite
Mr. Jerome’s refusal to divulge his own opinion of this outcome of the
case,
persons who have has an intimate knowledge of the trial from its
beginning
declare that the District Attorney cannot fell other than elated at the
result-
more pleased perhaps at the disagreement than he would have been at
conviction. It
is pointed out by these persons that almost from the beginning of the
trial Mr.
Jerome has felt that Thaw, if not insane in the legal sense, was
certainly
mentally deranged from a medical view-point. A conviction would,
therefore,
these persons point out, have placed the District Attorney in the
unenviable
position of having successfully prosecuted for murder in the first
degree, a
man whom he himself believed beyond the pale of the law.
As
the case now stands, Thaw will be kept in the Tombs Prison for several
months.
The mental suspense as well as the physical strain of these months of
imprisonment and enforced idleness cannot, it is believed, fail to
bring to a
crux any mental ailment. Thaw may now be suffering from. Jerome’s
course in
such an event would be easy. He would no longer be compelled to bring
Thaw
again to trial for his life. Instead, he might, this time with some
hope of
success, apply for a second Lunacy Commission which would send the
young
Pittsberger to Matteawan Insane Asylum.
Should
Thaw, on the other hand, successfully withstand the ordeal to which he
will be
submitted for the next few months, those who think they know Jerome’s
own
feelings, say that his last doubt of Thaw’s sanity will have been
removed and
he will be enabled to bring him to the bar the second time with the
full accord
of his own conscience. Thaw’s Lawyers Undecided. Clifford
W. Hartridge, counsel of record for the defense, said late last night
that he
could not discuss the matter of an application for bail for his client
at that
time.
“It
will be necessary for counsel to get together and consider this
matter,” he
said. Thaw’s Family Surprised. When
the members of Thaw’s family reached their hotel, the “Isn’t
it terrible? I can’t understand it,” she said.
It
was said that the Countess sent a cable message to her husband saying: “Great disappointment.”
Evelyn
Nesbit Thaw arrived a few minutes after the others. She was alone. The
same
dull incomprehension of what had happened and why it had happened was
the note
of her cry. As she was asked what she thought of the end of it all she
said was “I
can’t understand it. I don’t see why they couldn’t have come to an
agreement.”
“I
don’t believe it,” she cried. “On the evidence they ought to have
acquitted
him.”
Neither
callers nor messages were received by the Thaws last night. For a long
time no
word could be had from their apartments, but at length a telegram was
delivered
to Mrs. William Thaw. It asked her if there was anything she wished to
give out
and whether there was anything in the rumor that Thaw intended to drop
all his
counsel except Daniel O’Reilly. To this she sent the reply: “Mrs.
Thaw has nothing to say. She has made no statement since she has been
in How The
Day Passed The
disagreeing jurors in the Thaw case were awake all of Thursday night.
Occasionally one would doze off as he sat in his chair, but the others
would
arouse him, and once more pour into his ears the interminable arguments
about
the sanity or insanity of Thaw at the time of the shooting. They
had nothing but the table and chairs to rest upon, and although they
brought in
with them the padded seats from the jury box, these were slight
comforts for
men who had already passed a night without laying down. They darkened
the room,
but kept up their debate all night.
It
was a welcome relief to all when the time came for breakfast. The court
attendants were in almost as hard a fix as the jurors. They had to act
as
attendants in court all day and as special officers at night. One of
them said
yesterday that in fifty-six hours he had been asleep for exactly three. The
jurors left the Criminal Court Building soon after 7 o’ clock. As they
straggled up Broadway to the Broadway Central Hotel they were guarded
closely
by Capt. Lynch and his men, but there was no attempt to interfere with
them.
They looked a thoroughly washed-out lot, hardly able to drag their feet
along.
Breakfast
made a vast difference in them. It revived their spirits, and almost as
soon as
the meal was over they began to argue together again. They seemed
careless of
appearances in their anxiety to reach a verdict, and men who passed the
hotel
to their work could see part of the deliberations which would decide
the fate
of Thaw carried on in full view in the window. Malcom S. Fraser was to
be seen
gesticulating with energy as he tried to convince Oscar A. Pink that
the
insanity plea was utterly out of the question, and Joseph B. Bolton,
the juror
the death of whose wife delayed the trial for so long, could be made
out
reclining wearily in the chair while Charles D. Newton talked to him. Bernard
Gerstman and Harry C. Brearley were together in a corner apparently
running
over the arguments which already for many hours they had been enforcing
upon
the attention of their colleagues.
In
the procession back to the Criminal Courts, which began soon after 8 o’
clock,
the same preoccupation seemed to possess all of them, and only Bernard
Gerstman
and Oscar A. Pink seemed to have found any subject on which they could
chat
without serious disagreement. Thaw’s Troubled Night. Thaw
himself had passed nearly as troubled a night as his jurors. He tossed
from
side to side on his prison bed and caught only naps the whole night
through. He
had been warned by his counsel that the jury had already almost endured
more
than the human frame could stand and he was haunted by the idea that
their
disagreement would condemn him to at least another six months’ weary
confinement, or that those who favored his acquittal might submit to a
compromise which would send him to sing for the best days of his life. Still
he kept up the marvelous pluck which has astonished all who have come
near him.
When he was called he declared he felt “fine,” and ran to the shower
bath for a
toning up for all the day might bring forth.
He
was over in the For
a time he was left alone with Mr. Hartridge. His wife and family had
come down
to the Criminal Court Building and were ready to stand by his side when
the
last ordeal came, but for some reason or other they did not hasten up
to the
Sheriff’s room. They remained in the little room which has been placed
at the
service of witnesses for the defense since the trial began, and allowed
the
defendant to pass the first part of the morning without their comfort. This
seems to have been because Thaw has made up his mind that he should
issue
another statement. Mr. Hartridge did all he could do to dissuade him.
He
assured him that it would be absolutely useless so far as is own case
was
concerned, and that it might be misconstrued. He pointed out that the
jury were
absolutely beyond the reach of outside influences, and the utmost that
it could
accomplish would be to satisfy morbid curiosity. The defendant,
however,
insisted, and about 11 o’clock Thaw’s latest thoughts were revealed to
the
world. Thaw Tells of Being
Armed. At
the very moment when his fate hung in the balance, when hundreds of men
and
women were gathered in the building to hear at the first possible
moment the
verdict of the men who had tried him, he seemed to worry most about the
opinion
that the outside public might have of his personal courage. He wrote: “I
wish the jury and everyone else to understand that no one despises a
person who
carries concealed weapons more than I. “That
only after my life was in jeopardy as I was informed by persons and as
was
communicated to me by professional detectives, did I protect myself.
Then I
employed the Pinkertons, and they could neither prove these attempts so
I could
invoke the protection of the law or disprove them so I could safely
continue
defenseless. “Then
doubting my judgment, I consulted an ex-Chief of Police and respected
in his
community, and he advised that my duty was to protect myself. “In
this trial I wished my case soley and simply based upon the law of the
State
and upon the evidence which had convinced not only me, as I reviewed
all this
evidence in quiet, but also the District Attorney, that I am innocent
under the
written law of the State.” Efforts to Get Into
Court. To
get past the police lines which barred the way to the courtroom all
sortes of
subterfuges were used. But by Justice Fitzgerald’s order none but
reporters
were to be admitted, and women particularly were barred. One tackled
the big
Sergeant who has been so conspicuous a feature of the scenes of the
trial.
“I
represent a “Don’t
you know the Lee Avenue Station at “Why,
yes”
“I
used to be stationed there.”
“And?”
she asked innocently.
“There’s
no ‘and’ about it. I was stationed there and that’s all there is about
it.”
“What
a wonderful memory for faces you do have,” said the woman. “I used to
think I
could get around any man, especially the handsome ones.”
Even
that did not touch the Sergeants heart, but somehow or other later in
the day
persistency won. The woman actually got seated in the courtroom, and
was turned
out immediately by the hard-hearted court officers. She spent the rest
of the
day in the corridor watching the lawyers as they passed to and fro. The Crowd Outside. Just
after noon it was made known that the jurors saw no chance of early
agreement,
and that they thought it would be well to get something to eat. This
was taken
as a sign that nothing would happen until the middle of the afternoon.
Justice
Fitzgerald announced that the court was adjourned until 2 o’ clock, and
went
off himself to lunch.
Twelve
o’clock is the dinner hour in all the workshops in the neighborhood of
the
Criminal Court Building. Thousands pour out on the streets at that hour
and a
godly proportion of them thought that they would like to get a glimpse
of the
women of whom they had heard so much in connection with the trial. They
came
down to the Courthouse, and would have gone in if the police had not
been ready
for them.
Then
they stood outside on the Inspector
McCluskey was on hand to keep them in check. He had fifty men under his
orders,
and the crowd was pushed back up the side streets nearly as far as
Broadway. On
Thursday, Evelyn Nesbit Thaw had gone to Pontin’s to lunch, and
particular
attention was paid to keeping the way clear as far as that. Rush to See Thaws Family. The
first amusement the spectators got was the departure of Mrs. William
Thaw, Mrs.
Carnegie, and Lady Yarmouth from the building. As usual they got into
their
automobiles and started rapidly uptown for the Hotel Lorraine. At once
the
crowd broke through the police lines. The women scrambled upon trucks,
the men
surged across the street, and children came running up from all
directions.
Two, or three thousand people were rushing wildly along to see three
heavily
veiled ladies drive away in automobiles. They were wildly excited and
cheered
the relatives of he defendant heartily. However, the automobiles soon
escaped
them, and they turned to see who else was worth to notice.
Evelyn
Nesbit Thaw was the next to come out. She was too anxious to go as far
from the
Court House as the hotel and she wished to be back again as soon s her
husband
had returned from his lunch in the Tombs. At the same time, she had no
wish to
go through the unpleasant experience of Thursday, when she was mobbed
on her
way back from Pontin’s. So, with Daniel O’Reilly, she decided to go to
a
restaurant on Park Row, where her identity would not be so likely to be
discovered. She started in an automobile and was greeted with the same
cheers
and the same rush as Mrs. William Thaw and the others. Small Fire in the
Building. After
the family of the defendant had departed, the crowd had an unexpected
excitement. From the windows of the Criminal Court Building, directly
below the As
a matter of fact, it was Harry K. Thaw himself who discovered the fire.
As he
was going across the bridge to his lunch, he smelled smoke. He called
the
attention of his guard to it and Superintendant Coppers of the building
was
also warned. He instituted a search immediately and found that the
smoke was
coming from a small examination room attached to the Tombs Police Court. An
old umbrella thrust behind a radiator was the cause. Some one had
thrown a
cigarette end upon it and the fabric was smoldering. It was quickly
extinguished, but in order to do so a part of the partition had to be
chopped
away.
Although
no one expected that the jury would have anything to report before 3 or
4
o’clock, everyone was on hand again promptly at 2 o’clock. Once more
Thaw was
led across the Delmas on the Bench. In
the courtroom the reporters and a few privileged persons sat around and
amused
themselves as best they might. They formed little knots and talked or
they sat
at the long table writing their
copy. Even rumors were scarce and speculation as to the progress of the
jury
was almost dead. Infinite weariness beset everyone and the most that
anyone
said about the case was to wonder whether there was to be a third night
of
tedious vigil.
But
one incident broke the monotony of the day. Mr. Delmas suddenly
appeared
sitting in the Judge’s chair on the bench as he signed his name for a
woman
reporter in her copy of the great hypothetical question compiled by Mr.
Jerome. “Order
in the court!” some one called out, and in a moment Daniel O’Reilly
appeared
smiling as ever at the bar.
“May
it please be your Honor,” he began, but his motion did not please the
court,
for in a moment the learned counsel from the With
all the apparent flippancy of the assemblage and the absence of set
decorum the
sense that a great crisis was impending was never absent. Men laughed
and joked
because they had nothing else to do.
Counsel,
court officials, and reporter had been under a great strain for hours
and were
expecting a still greater one. They sought relief in the best way they
could,
but kept an anxious eye the whole time upon Capt. Lynch of the court
squad.
From
him only could authentic news of the jury’s proceedings come. The guard
sitting
outside the door of the conference chamber had to report to him, and he
took
such action as the occasion demanded. He was willing enough to give out
any
information that was legitimate, but sternly refused to give a hint of
the way
they were getting along with their deliberation.
About
8 o’clock a rumor spread that there was almost a fight behind their
closed
doors. Angry voices, it was said, could be heard even at the distance
that the
jury room is separate from the court. But Capt. Lynch professed himself
ignorant of anything.
“Nothing
to say, “he replied to all inquiries.
Soon
after 4 o’clock however, he had news of the utmost moment to
communicate, and a
his intimation that at last the jury were coming in, counsel and the
reporters
flocked in from the hall, and everybody was on the alert for the end of
the
great trial.
While
the jury was in court the doors were close and locked. By the courtesy
of Capt.
Lynch arrangements were made by which bulletins could be passed out by
the side
door leading past the Judge’s chambers to the main hall, but no one was
allowed
to disturb the proceedings by leaving his seat.
Within
the police lines outside the court a number of reporters stood waiting
the
first intimation of what had taken place. Others were at the telephone
booths,
bolding the wires to their offices. As the bulletins were passed out
they tried
to intercept them, but they were handed quickly to boys and rushed out
of the
building. For five minutes no one could tell what was in progress. Crowd Hear The Result. Suddenly
the door leading to the passage way from the side door of the court was
burst
open. Three r four men rushed out. “Disagreement!” they shouted. They
plunged
wildly for the stairs leading to the telephone booths, and it was lucky
no one
was in the way of their rush.
“Disagreement”
took up the crowd in the corridor, and a great shout went up. Down the
stairs
pelted the reporters, and in a minute the news was being flashed over
the wires
to the newspaper offices and called along the street.
Inspector
McCluskey had been just outside of the side door of the court while the
jury
was in. He rushed out at the clamor and gave hurried orders to the
police. He
bade them clear everyone off the main floor of the building, whether
they had
legitimate business here or not. Happily, the men who have been
guarding the
courtroom for the last three months have got on good terms with the
reporters.
They knew that there was no one there but had work to do, and they
interpreted
the Inspector’s orders with judgment. They made the crowd move, but
they cared
not where they went. The reporters stepped quietly behind them and were
able to
attend their business without molestation.
The
jury were sent back to their room as soon as they were discharged There
is an
unobtrusive little door leading to it which has been provided for just
such
occasions as this. From it the twelve men issued and vanished as
quickly as
they could down the elevator. |