CHAPTER XXVI.

Ending of the Trial--Jury Disagrees.

AFTER HAVING DELIBERATED MORE THAN FORTY-SEVEN HOURS, THE TWELVE JURORS ARE FAR APART IN THEIR OPINIONS--LAST BALLOT SHOWED SEVEN FOR CONVICTION FOR MURDER IN THE FIRST DEGREE, WITH DEATH AS PENALTY, AND FIVE FOR ACQUITTAL--THAW ALMOST COLLAPSES--EVELYN BEARS UP IN COURT BRAVELY, BUT IS OVERCOME LATER--THAW BACK TO CELL IN TOMBS PRISON.

After having been out forty-seven hours and eight minutes, the Jury at 4:25 p. m., April 12, 1907, filed into the court room, and at exactly 4:31 announced a disagreement and was discharged.

The disagreement was unexpected, as the fact that the twelve men had not asked for further instructions led to the belief that the minority were being won over to the views of the majority.

News that the jury was about to report was taken to Justice Fitzgerald by a bailiff, and Attorneys Delmas, Jerome, and the other lawyers in the case were summoned at once, while Harry Kendall Thaw was brought from the prisoner’s room to face the panel.

After Justice Fitzgerald had taken his seat on the bench the jury was polled and then ordered to stand up. Thaw was also commanded to rise, and the clerk asked him to look upon the jury.

The usual formality of “Jury, look upon the defendant, defendant look upon the jury,” followed and the clerk asked the foreman if they had agreed upon verdict.

“We have not,” replied the foreman. Justice Fitzgerald thereupon told them that as they had failed to agree he would discharge them. The jurors quickly left the court room and Thaw sank back in his chair, almost overcome with disappointment. Evelyn Thaw and the defendant’s mother bore up bravely and on leaving the court house hurried over to the Tombs, to see Harry, who was taken there in a few minutes.

Mrs. William Thaw’s face was hidden behind a heavy black veil. She sat with her daughters, the Countess of Yarmouth and Mrs. George L. Carnegie, and all began to weep as soon as the verdict was announced. Evelyn Thaw, sitting beside her husband, uttered a little shriek and then turned deathly pale, almost collapsing. She revived quickly, however, and begged the bailiff to be allowed to follow her husband out of the court room. Thaw himself uttered not a word, and made no sign of his great disappointment. He turned extremely pale, however, and was so weak that two guards had to support him on the way to the Tombs.

Soon after Thaw was placed in the Tombs his wife arrived.

“My dear, my dear,” she sobbed. I am so sorry--so sorry,” and then she collapsed utterly.

Shortly after the jury had been discharged it was stated that the final vote stood: Seven for conviction of murder in the first degree, with death in the electric chair as the penalty, and five for acquittal. Reports as to the earlier votes varied greatly--in fact, hardly two jurors told the same story, but it was admitted that the division throughout was, on most of the ballots, about half for acquittal and half for conviction, although the degree favored by those who demanded punishment from Thaw varied considerably.

Estimates made as to the expense of the trial attracted nearly as much attention as did the probable outcome of the long hearing.

Apparently authentic estimates indicated that the trial cost considerably over $300,000. Of this sum, it is estimated probably $235,000 had been spent by the Thaw family, while the expense to the state had been in the neighborhood of $80,000.

At the district attorney’s office it was stated that the trial had not cost the county over $30,000. This does not include salaries and such expenses as come out of the general sessions fund. Conservative estimates gave $80,000 as probably the minimum cost to the state.

The expense Thaw had incurred in his own defense was estimated as high as $1,000,000. As a matter of fact he had probably not spent over $235,000. Neither Thaw nor any of his relatives could tell exactly, however, what the defense had cost.

Thaw’s alienists, it was said, cost him $45,000, and his attorneys $145,000. To offset his expenses, the jurors who listened to the long drawn out trial, paid at the rate of $2 a day, got only $1,536 for their combined services.

As soon as the verdict was announced, District Attorney Jerome, declared he would rush preparations for a new trial. He was smiling; Delmas was heartbroken.

The day after the trial ended, the jurors stated the final ballot was as follows:

For Conviction--7. Murder in the first degree. Deming B. Smith, foreman, George Pfaff, Charles H. Fecke, Harvey C. Brearley, Chas. D. Newton, Joseph H. Bolton, Bernard Gerstman.

For Acquittal--5. On the ground of insanity. Oscar A. Pink, Henry C. Harney, Malcolm F. Fraser, John S. Dennee, Wilbur F. Steele.

Eight ballots were taken by the jurors during their deliberations, with the following results:

_First Ballot_--Eight for conviction on the charge of murder in the first degree and four for unqualified acquittal.

_Second Ballot_--Eight for murder in the first degree and four for acquittal.

_Third Ballot_--Eight for first degree murder and four for acquittal.

_Fourth Ballot_--Seven for murder in the first degree, one for manslaughter in the first degree and four for acquittal.

_Fifth Ballot_--One for murder in the first degree, six for manslaughter in the first degree and five for acquittal.

_Sixth Ballot_--One for murder in the first degree, six for manslaughter in the first degree and five for acquittal.

_Seventh Ballot_--One for murder in the first degree, six for manslaughter in the first degree and five for acquittal.

_Eighth Ballot_--Seven for murder in the first degree and five for acquittal on the ground of insanity.

THE END.

Chronological Story of the Thaw Trial.

June 25, 1906--Thaw killed Stanford White.

June 28, 1906--Indicted by grand jury.

Jan. 21--Case set for trial.

Jan. 23--Trial began.

Feb. 1--Jury completed.

Feb. 4--State presented its testimony.

Feb. 4--Defense introduced its first witness, a minor character.

Feb. 7--Evelyn Nesbit Thaw, wife of the defendant, called as a witness.

Feb. 11--Dr. C. C. Wiley, expert on insanity called by defense and severely cross-examined by District Attorney Jerome.

Feb. 12--Delphin Michael Delmas assumed full charge of the defense.

Feb. 12--Dr. Britton D. Evans, chief medical expert for the defense, called to the witness stand.

Feb. 14--Trial delayed by the death of Juror Belton’s wife.

Feb. 19--Evelyn Nesbit Thaw recalled.

Feb. 20-26--Evelyn Nesbit Thaw cross-examined.

Feb. 27--Evelyn Nesbit Thaw recalled by defense.

Feb. 28--Dr. Evans cross-examined.

March 6--Mrs. William Thaw, mother of the defendant, testified.

March 7--Trial delayed by death of a relative of Justice Fitzgerald, presiding judge.

March 8--Defense rested.

March 11--State began rebuttal testimony.

March 12--State called James Clinch Smith, brother-in-law of Stanford White.

March 15--Thaw declared sane by state’s experts.

March 18--Court admitted the Abe Hummel affidavit in which Evelyn Nesbit is alleged to have denounced Thaw.

March 20--District Attorney Jerome asked court to appoint a commission in lunacy to examine Thaw.

March 21--Lunacy commission appointed.

April 4--Lunacy commission pronounced Thaw sane.

April 8-9--Attorney Delmas made his plea to the jury.

April 10--District Attorney Jerome closed for the state.

April 10--Justice Fitzgerald read his charge to the jury.

April 11--Jury called for rereading of evidence after having retired.

April 12--Jury announced disagreement, and was discharged.