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TUV1 TTMI3S F0UNDI3D 188B.
?TlIM B1HPATCII FOUNDKD 1850. WHOLE NUMBER 17,527. RICHMOND, VA., FRIDAY, APRIL 12,1907. HRIOE TWO OENTkS. 10 Mffl STflTUE Tmoorasiitti Complete Plans An nounced for Demonstra tion on Thursday. "YANKEE" SENDS IN SUBSCR1PTION Kcepcr of National Cemetery at Seven Pines Contributes to Fund?Entire Program for Reunion Will Be Made Public in a Short. Time. ' Complete urrangemonts for the cero nionioH incldent to tho removal of tho Jofforson Davla Monumont to itn per inanent locatlou in thc fnr West End wero announced yosterday, tlio plnn contemplnting a program that ln apltc of lta almpllclty will call for a popu )ar demonatrutlon of lmposlng propor tiona. The bronzo flguro of tho President Will bo drawn up Franklin Street by thousands of tho aehool chlldren of Itlchmond on the afternoon of Thur* Cay, Aprll 18th. The parade will forui Order of Parade. at 4:30 o'clock at Fifth and Franklin Streets, to whlch polnt the bronzcb will be conveyed by horaea. 1'.. E. Bco Camp, No. 1, will ho the gnanl of honor, and tho offlcera of the camp will bo ln chargo of all the, arrttngementa for tho parade, Com-i mander W. B. Freeman actlng as chlef juarahal. Leo Camp will turn out ln full unlform, and haa Invlted Geo. E. Plckett Cump and all the Confederate vetcrans of the clty to Join with them ln a trlbuto to the Prealdent of tho Confederacy. A permlt haa been granted by Mayor McCarthy to haul the hcavy bronzr, Jlgures up Franklin Street, and police arrangementa will bo made for clear. ? lng that tboroughfare durlng the tlmo of the parade. Tho order of tho pa? rade will be: Squild of iiiininteit police. Covcuuittvr J'Ife und Bruin CorpK. It. 13. Lee Camp, Xo. 1. C. V Georite 13 rickelt Ciunp, C. V Other vcHTiin orgunlzntlonM. _ Tlie fcmule lltnire "Vludlcntrlx" of'tlic iiiontMuent frroup, drawn by UioiiMnnilM of tlie achoel-glrl* of lhe clty In whltc, and carrying Cunfedcrfttc ftngtt. The bronaie flKrurc of Mr. BnvU druirn by tbe l>o>* of the clty, uhto carrvinK Confederate flugN. The "parade will movo from Flfth and Franklin dlrectly up Franklin Street to tho head of Monument Avenue, Where tho organizationa and aehool chlldren will bo diamiased without pny formal exerclses or speaklng. A squad of competent picked men Will he ln charge of each wagon to apply the brakos when necesaary, as alst on tho upgrades, and generally aerve to pre'vent any accldent. Will Be Informal. lt will bo unneceasary to aak tho prbool authorltlCB to cloao for thla ocension, aa the parade will not movo untll 4:!50 P. M. The commltteo havo mado it n polnt to have thla parade ?n Informal affalr, whlch will entall no expenae, and neceaaltato no special hollday. ln view,of the cost and tlmo ne?ded for the proper colebration of UiH corning Confederato Reunion. The parade of school chlldron fol? lowlng tho gruy-headed vetorana, will recall to many thr slmllar occaalona ln Rlchmond's hlai ry ,when the Leo statue and tho Sc. llers' and Sai ors Monuments wero eP&wn to their ilnal nedestals. The eommltteo- ln chargo es poclally requoat that there be no attempt to cut ropo souvenlrs nntll the exerclsea aro concludod. Thero will ho sovoral hundrod yarda ot rope, Bufllcient. lndeed, for every man, wo? man and child in tho clty to have a pouvenlr. and tho .polico will be es neclally lnatructod to aeo that thore ls no premature ropecutting. or lnter ferlng with -tho progress of tho parade. , Corner-Stone Laid. Tho cornorstone of tho Bavis Monu rnt nt, whlch waa takon from under tho fountaln ln Monroo Park several days ago waa placod ln poaltlon on tho cranite pedeatal yosterday morning at g:30 o'clock. Membera of tho Davis Monumont commltteo, Archltects No land & Baskervlll, Artlst Valontlno, nnd a number of vetorana from tho Soldlers' Homo were present at tho ceromony, whlch waa of an Informal chnractor. This cornorstono, whlch was lald wlth lmpreaalve Maaonlc coremonles about ten yoara ago, conslsts of a coppor box, about slxtoon lnchos long, nnd contalns a numbor of records of tho old Bavla Monumont Aaaoclation, Confederato and othor papcrs. To tho orlglnal contonts of tho box, whlch woro found to bo in oSccoll'ont ordor, ronsidoring tholr damp locatlon, a his? tory of tlio proaont Bavla Monument Assoclatlon, wrltton by Mra Georgo $. Holmos, of Charlcaton, S. C, presi? dent of tho assoclatlon, waa added, Thero was alao placed ln tho colloo tlon a roport of tho Confederato As? soclatlon of, Now Orloans, and plans of tho monumont, drawn by Nolnnd & Baskorvlll. Among othor rellca do. poaltod waro tho llrat and laat ten cont plecos takifi 'n at tho bazaar given for tho benoflt of tho monurnor/ tfuncl ln tho Musonlo Tcinplo soveuui years ugo. Can Take Care of All. Ajiprohonslon hns hoen expresaed in (somo fiuurtors thnt Blohmond will bo linablo to accommoduto nll tho old sol? dlers who como to tho clty durlng tho flvo days of tho reunion. Captaln Bavld A. Brown, chairman of tho ontertulnment commlttoo, doos not share In thla vlow, saylng thnt thero ls absolutely no fear In tlils dlroctlon. Vetorana wlli bo allowed to chooae be? tween llfe ln the big camp on Woat Broad Street and llfo ln somo ol tho hlg downlown wurehouea, whlch will bo con yertod Into tomporary quartcrs. The use ol tho hnlla of tho Unlvoralty College of Medicine, tlio old Davls Houso and sovoral other largo bulldlngs have ulreudy boon iContlnuea on Second Page.J JURY WHICH SEEMS UNABLE TO DECIDE HARRY THAW'S FATE BUSINESS MEN HERE ARE FULLY AROUSED Chamber of Commerce Detcrmines to Push Advertising Plan. MAINTENANCE OF RICHMOND BUILDING Meeting One of Most Enthusi astic Body Has Held in Recent Years?Big Rally to BeHeld Tuesday Morn ing. Tho quarterly meeting of the Cham? ber of CommerctB last nlght waa one of the most notable sessions of that body held ln recent years. As a result of the large attendance and the enthu siasm, a new impetus was glven to the movoment to ralso a fund of $30,000 for tho malntonance of tho chamber's work and tho advortlsement of tho city. Reports were recolved from the advertising commltteo and from tho subscrlptlon committee, and theso ellclted an lntorostlng dlscus slon, and, what ls bettor still, not a few substantlal subscrlptlons to tho advertising fund. Tho advertising commlttoo was lntrusted with tho $6,000 already avallable, wlth advlsory instructlons to expond as much aa may be noeessary for tho Ilandbook of Rlchmond and to dovoto as much of tho resldue as ln its diacretlon may bo desirable to tho propor caro and conduct of tho Rlchmond building at the exposltlon. Probably th0 most Important action of tho meeUng was th0 determlnatlon to liold a general public meeting ln tho phamber assembly hall on Tuosday mornlng at 10 o'clock for the purposo of reporting subscrlptlons to the $30,000 ad? vertising fund, of which only $17,000 has yet beon subscrlbod. Tho committee of seventy-two ln chargo of thls work will bestlr themselves, and all tho other mem? bers ar0 urged to partlcipato >i a strong pull to securo thls flgure, and moro lf posslblo. Tho city ls to be dlvided Into ten dlstrlcts, and llsts of names aro to bo propared for each district, and lt ls nntlclpated that llberal subscrlptlons will ho recolved. Tho commlttoe will go out on tlie warpath Tuesday, nnd wM not doslst untll lt shall havo ralsod not less than $13,000. At least that ls tho plan, and thoso present last nlght doveloped no llttlo onthuslasm ln support of thls whlrl wlnd cnmpalgn. Actlvo Interest waa manlfostod by the unsollcltod tendor of sovoral subscrlptlons, and at least two who hnd glven doublod their amounts. Knthuslastle speoches wero mado, and whon tho meeting adjourned all present felt that tho experlment of holdlng quar? terly mcotlngs nt night instead of ln the afternoon was a pronounced succoss, Important Matters Up. President Jarne8 R. Gordon presided at tho meeting, giving pluco for a tlmo to Vlce-Presldont Frank D. Williams whlle tlio president took the lloor. Mr. Honry W. Wood' submltted tho report of tho advortlalng committee, Ho otated tl|it numorouu mootings had boon held, and that progress was belng mado ln 'tho proparation of tho Rlch? mond handbook. All tho roadlng mat? ter was ready for tho prlnter, but tho solectlon of illustratlona waa glvlng most troublo, Mr. Wood rocommendod that $1,350 bo expondod for a six-pago lllustratod wrlte-up ln tho World's Work. Such nn artlclo, lf contractod for, would uppoar ln tho Juno num? ber of the magazino, Qiit about May 20th. Thla Issuo would bo a dlatlno tlvoly Southern number, wlth a guar antood circulatlon of at least 150,000 copjes, *Lynohburg and Charlotto, ho suld, hnd contractod for spnee In tho .(ConUuucd uu TUU-d X-a4'u.l lims cwe 5' Messrs. Davis and Anderson Dis agre'e in United States Circuit Court. MATTER IS FINALLY ADJUSTED Case Against Passenger and Pow? er Company Now Being Argued. Tho Unlted States Clrcult Court for the Eastern District of Virglnla, Judge Waddill slttlng, was engagod during all of yesterday ln hearlng argument on a motlon of the Motropolltan Truet Company of New York, trustee, to file a petltlon roopenlng Its sult agalnst the Virglnla Passenger and Power Ccmpany. Messrs. Davls & Davls, of Petersburg, and Judgo L. L. Lewls appeared for tho trust company, and Messrs. Munford, Hunton, Williams & Anderson for the stroet car company. A largo number of othor *interosts were represented and several attornoys were prosent from out of the State. Tho argument will proceed to-day, and will likely be concludcd thls af? ternoon, when the court will take lt under advisemen,t. Had Long Wrangle. The featuro of ' the day was what camo near being a sorlous clash be? tween I-Ion. Rlchard B, Davls and Mr. Henry W. Anderson. Aftor much dia cusslon of tho subject, ln which the ccurt flnally took a hand, tho mattei waa adjusted to tho satlsfactlon of al] partles concorrled. Mr. Anderson was opposlng tho mo? tlon to reopen tho caso, and uaed lan guago to which Mr. pavis took ox? ceptions. Mr. Anderson declarod ir substanco that tho procoodlng on the part of tho potltloning company wat a "blackmaillng" ono, and Mr. Davh wlshed to know lf ho meant to apply the languago porsonally to hlmaelf am hls brother. Tho attorneya wrangler over tho mattor for some tlmo, anc llnally Mr. Andorson's oxplanation thai ho did not mtian to lmputo any mora turpltudo to tho oppoBlng lawyera wa satlsfaotory. Meanwhllo Mr. Frank W, Chrlstlan who la also on tho caso, had somethliij to say by way of amoothlng tho matto: ovor. Judgo Waddill Interposted an in Junctlon that tho caso must proceod wlth out personal alluslona by counsel. Th. munner of the court was mlld, but firm und H had a groat doal to do wlth pre vontlng furthor eontroversy. Judgo Wiul dlll, at tho suggostion of Mr. Davls, gav. hls undoratandlng of Mr. Anderson': meaning, and lt was ln aceord wlth th Interpretatlon glven the limgungo by th lawyor who had used lt. Tho caso lnvolvos a-vast sum of nionoj and promlsos to be hotly eonteated. ROOSEVELT SHOULD RETIRE TO MAKE WAY FOR BRYAf JKFFERSON CITY, MO., Aprll 11, In tho Mlssourl Houso to-day a rosolu tlon Indorslng President Xioosovolt o hls Mtnnd agalnst unprlnclpled manlpu latlon of woalth ,was Introducod am tablod after-It had boen uinendeu" so u to road that lt was the sense of th RopubJlcari members that RoosovKil should run for President agaln. A res olutlon laudlng Wllliam .1. Bryan, un ilecliulng thnt President Itooaove) should retlro tvrinuKe Wuy fpr Bryai ? waa udcwu-U. REMOVE THE SLUR CAST ON UNIFORM OF OUR SOLDIERS War Department Requests At torney-General to Give Opin ion and Aid With Suit. WASHINGTON. Aprll 11.-?The War Department is '? dctermined to pursue .to..the en<l of Its letrzirridources the effort to remoye the slur^ east upon tho nnlform of the Amerlcan soliller by the declslon last January of a local maglstrate at. Plattsburg, N. Y., that Sergeant Higglns and the soldlers who accompanled hlm when they -were re? fused admlsslon to a public skating rlnk in that town had no case war ranting the Impoaltion of a penalty upon the proprictors of the place. To-day actlng Secretary Ollver wrote a letter to the Attornoy-Gen eral asklng hls help In the prosecu tion of thls case. The Attorney-Gen eral ls requested to glve an oplnlon upon the polnt whethor or not, tho local maglstrate having doclared that the keepers of tho rlnk were not sub Ject to penal punlshment, they still can be reached by a sult for monetary damages. In case of an afflrmatlve an? swer, the Department of Justlce is requested to authorize the propor attorney for tho Unlted States to ap pear for the soldlers ln the prosecu tlon of the case. MARRY IN MIDDLE OF YORK RIVER Bride and Groom Row From New Kent Shore and Meet Minister From West Point. WEST POINT, VA., Aprll 11.?Mr. Rob? ert E. Bradenham was married yesterday at 5 o'clock ln tho afternoon to Mlss Hnn nah D. Goddin. Both of them'were from Now Kent county. Dr. C. V. Waugh, the Baptlst minister, of West Polnt, ?'nccom panted by tho best man, Mr. Charles Cabe, crosscd the Pamunkey Rlver on tho. ferryboait to the Now Kent shore, and there mot tho bridal couplo, who, wlth a colored mnn nnd a whlte man, entered another boat, and thore, whlle tho sotne what rough waves gently rocked the boat, tlie brldal couplo, sittlng sldo by sldo In the boat, wero mado ono. As soon aa tho ceremony wns ovor th* men nt the onrs throw on more forco, nnd to tho rhythm of the oars landed tho party nt tho West Polnt wharf, whero Mr. Bradenham and hls brldo boardqd tho Bnltlmoro boat for a trlp North. The bride woro a handsomo golng-away gown, with hat and glovos to mateh, of tan cloth. Sho ls a daughter of Mr, ond Mrs, James H. Goddin, nnd the groom Is the son of Mr. James E. and Mra. Hnr rlet B. Bradenham, of Barlmmsvllle, Both are well known. PLUNGED HEAD FIRST THROUGH BIG WINDOW Drunken Man Caused Excitement on Main Street Last Night. k Cut by Glass. Stnggorlng from tho offects of too much whiskey, Derloy Naglo, tt whlto man, about forty-flvo years of ago, plunged head llrst Into tlio plato glnss window in tho storo of tho S. Galeskl Optlcol Company, Eighth ond Mnln Streotsi lost nlght, broaldng tho glass and cuttlng himsolf ubotit tho faco and hnnds. He was at onco urrosted by Oillcors McMullon nnd Yarbrough and taken to tlio Flrst Station and placed In h ooll. Tho man was soon wnnderlng- up Main Streot, taklng nearly all tho stdowalk. When ln front of tho window of tho Oa loskl Company ho stnggorod toward tho Imlldlng- and ovldontly stumbled Just aa ho wua wlthln falllng dlstaneo, It waa rather remorkablo that ho dld not cut hliiisolf moro sorloualy wlth tho brokon glass. A largo erowd gathorert und thore wns sonie excllemont for a tlnio, The chargo agalnst Naglo la s.'tnnly that ol ,, belnjj ilrunlt ou tlio strcuL, EXPECTED TO STAND FOR THE THIRD TERM glebrs murn WllHIIIHIEF Tyler, Ohio Negro, Appointcd to the Navy Department, Has 98 White Clerks Under Him. TWENTY-FIVE ARE WOMEN Thirty-one, Men and Women, are from Southern States?Presi? dent Made a Mistake. I1Y AVAIiTER EDWARD IIARIMS. WASHINGTON, B. C, Aprll 11.?The unhappleat group of department clerks In Washlngton for many a, day are thoso la the ofllce of tho Auditor for the Navy Bopartmont on account of tho appolntmont of tho negro Ralph W. Tyler, of Columbus, O., aa tholr chlef. Thero are ninoty-elght clerks ln tho ofllco, thlrty-ono of whom aro from Southern States, and twenty-flvo ot the nlnety-olght aro women and nlno of theao are from Southern States. lt waa suld here to-day by one of tho beat-known nogroes ln the coun? try, who has hlmself held hlgh offlce, but who wisheB hla name wlthheld, that tho appolntmont of Tyler would not help the Prealdent or Taft in Ohlo, aa thero. was not a leadlng negro in Ohlo, who waa not opposed to Tylor being glvon any ofllco of prominenco. "Tylor," ho sald, "haa been nothing but a busybody roporter, on a Colum? bus, O., paper, and ho got Booker "Waahlngton'a backlng for a Foderal appolntment by boostlng Booker'a school nnd hls vlslt ln tho North in tho paper that ho worked for. Ho la no part of a represqntatlvo man of tho colored race in Ohlo." Tho ex-colored offlclal anld that ho doubted whether Tyler was compctont to 1111 so reaponalblo a position. REV. W, H. MEARS IS DEPOSED Clergyman Found in the Tender loin Put Out of the Episcopal Church, NIOYV YORK, Aprll 11.?Rev. W, Howard Mea-rs, curato of tho St. Mat thew's Episcopal Church, who was an i-eBted by tho polico at a houso in tln Tondorloln Dlstrict March 12th last where ho had gono in tho corapanj of a negro woman, was to-day deposui from tho mlnistry by Bishop Groor followlng a report by a commlttoo o lmiulry appolnted to lnvoatlgato thi conduct of tho preacher on thn occa aion ln quoatlon. Tho commlttoo ro portod that tho curato , hud vlolatei hla sixth ordlnatlon vow, whlch ro qulres that a clergyman, "as fur aa li hlm lles, shall mako hlmself a wholo somo oxnmnlo nnd pattern to tho llocl ot Christ." Rev. Mr. iCenra, whllo nsaortlng tha ho vlalted tho placo wlth a vlow o making aoolologlcal lnvustlgatlons, ao copted tho coinmlttee'a llndlngf, do clared ln wrltlng hla ro/i'Unclatiori o the minlatry, and forwardud hls rostg uatlon to Bishop Groor, who thon do posed hlm. Tho mnglHtruto boforo whom M'ear waa arralgnod accepted his cxplunu tlon of hls prosonco ln tho Tondorloln aud ho iviia diHcharged, Little Doubt in Washing? ton that Roosevelt Will Run Again. DENIALS OF TO-DAY NOT SO POS1T1VE Attitude of the President Much Less Fixed Than When He Declared That Under No Circumstances Would He Run Again?Pcsition of Bryan. BY WAI/TER EDWAlll) IIARHIS. WASHINGTON, D. C, Aprll 11?Th( polltlclans of Washington, whlcl means practically tho populatlon, mali and a goodly portlon of the fomalo has beon unanlmous to-day in votlnj the proposltlon of Col. John Templc Graves at Chattanooga last nlght tc hnvo Wllliam J. Bryan noininatc President Itoosevolt as the candldtttc pt tho Democratic party next yoai tho most lnterostlng pieco of news of the day, evon tho Thaw trial nol excopted. It must bo sald that tlu proposltlon has not anythlng llko gcn oral endorsemont of Domocrata, hul there havo boon ono or two encount ered who say openly Hoosovolt li "good enough Domocrat" for them, Tho proposltlon of Mr. Graves whllo without practleal value, prob? ably, so far us consiimniatlon ls con eorned, lu illumlnatlng as lndlcatliu tho trond of sontlment. Thore li acarcoly a doubt that Mr, Roosovel will bo tho Ropubllcnn candldati next yoar. A month ago thero wai gravb doubt,- boeause trust was plncei by many peoplo ln tho reltoratod do claratlon of Mr. Roosevolt that ln would not accept another nomlnatlon Thero Ih vory llttlo doubt to-day. "I won't havo It," Mr. Roosevolt sali ropoatodly to callers up to wlthln thi past two weoks. "I can't take It," has been tho wa* ho has doclared himsolf whon tlu third term proposltlon hns beei broachod by callers wlthln tho tlm. olnpslng slnco tho Harriman letter nnd tlio Prosldnt's declaratlon that i $5,00,000 consplracy oxlstod to pre vont tho nomlnatlon of a Roosovel man next tlmo. Working Hard for It. Tho bu.slest polltlclans ln tho Uni.tei Statos to-day aro thoso who aro advo catlng tho ronomlnatton of Mr. Roomt volt. They aro chlefly thoso of tli Paclflc slopo and tho Sage Brual ?Statos at presont, but lt ls bellove. lt ls tho purposo io try lt on tho dos and lf the thlnl-torui ery goos out ii tho Wlld and Wooly, to havo It takei up clnsor home. Tho action nf tli* lioglslaturo of Mlnnosotn. dotnniulliii that tho Prosldont aerve nnothm* tern Indlcatos that the movoment. to mak hlm do so Ih appronchlng thn Easl That Mr. Roosevolt will be tlio Ro puhlli'iin eandldato next Ih hardly t> bo doubtod. Thls fnot has beon mon atrlklngly eviilont for a wook am moro, ever slnco Mr. .Roosovolt p. skllfully dlvortod nttontlon from tli Harrlmnn corruptlon oliargea by tal; Ing tho public Into his confldonco am telling tiiom of the Kiiuit conspji'do; to dofoat tho pomlnatlon of a cuinll dnto who was an ndvocuto of hls poll OlOB, Tho ronomlnatton of Mr. Rooswelt, ? far from belng lookod upon hh n possl blllty, la now rcgnrdou aa 'tlio strongos klnd of a prohnb'lllty, aml for thls rou son tho peiullng Fumkor-'lWl CQlltOSt I Ohlo does not nttritet ou.-luilf tlio at ti'iillon whloh lt would otli.'i-wluo recolvi Thero may bo l'Y>rukor-Tuft |lg|ita I Ohlo, aml Knox-Taft flght8 ln Ponnsyl vniila, and Orane-Tuft tlghts In Mntwi ohusolto, nnd Falrhnuks-Taft flghts I liiilliui'i, but tho public ls unt going t got wmkeil up ovor them, iuiluaa thei (Coutlnuud on Third Puge.). FflTE IF THHW USSETTLEB. li ii jjrais Body Still Locked Up and May Yet Be Able to Rcach a Verdict. DAY OF ANXIETY WITH NO RESULT Foreman Smith Three Times Ap peals to Judge for Further Light?Great Crowd Surges About Courthousc, and Young Wife Can Hardly i Get Through. NEW YORK, Aprll 11,?Thlrty-ono hours of dellberatlon, nnd no verdict. Such was the condition of affairs at 11:3o o'clock to-nlght, when the Thaw Jury was ordered locked up for a second night at the Crlminal Courjts Bulldlng. The fact that they had not been able to agree after devotlng so much time to a study and dlscusslon of the ease has given rlse to the bellef that the trial will end lr> a dlsagreemcnt, and the whole affair will have to be gone over again. Although the twelve men have -thus far failed to reach a common opinion, and to all appearances are hopelessly at sea, Justice Fltzgerald has not given up hope of havlng a verdict rendered. As yet, Demlng B. Smith, foreman of tha Jury, has not complalncd to the court that the Jurors are unable to reach a decislon, afid untll he does It Is not likely that Justice Fltzgerald will dlscharga them. Tlie general Impresslon prevalla that If the twelve men are unable to agree at the expiration of forty-eight hours they will be released from further service. The vtry fact, howeverj that no Intimatlon has been received from the Jury-room that the men are unable to agree has been construed by many who have followed the proceedlngs closely as an Indlcatlon that a verdict wlli event ually be reached. The mother, wife and the two sisters and brothers of the defendant were ln the Crlminal Courts Bulldlng up to the last mlnute, and when It was finally an? nounced that the Jury had been Mocked up over night, and there was no longer any prospect of a verdict before to-mor? row, they returned to their hotel, crest fallen. They had hoped and looked for a decislon to-day, and the news that they would have to pass another night in doubt and anxlety was received wlth keen dlsappolntment. JURY NOT ABLE TO AGREE ON VERDICT Appeal to Judge for Fuller Light, and May Yet Reach an Agreement. NEW YORK, Aprll 11.?At 11 o'olock to-nlght tho jury in tho Thaw caso had not roported an agreement, ana it was said In tlie courtroom thnt no verdict was lu sight, Twlco durlng tho day tho Jury eumo Into court to ask for cortaln exhlblts and the roarting of portlons of tho testimony and extructs of Justlco Fltzgoruld's chargo. One of those requosts related to tho testimony of Brs. Evans and Wagner. Justice Fltzgerald said theso men wero oompetent to glve testimony aa to Thaw'a montal condition becauso of their per sonal examlniitloris. Foreman Smith atarted In to discuss certaln other phassea of hla charge with Juatlce Fltzgerald, but waa atoppud short. "I can't discuss tho matter wlth you. Bo careful about that, Mr. Foreman," axolahned the judge, Foreman Smith wroto a noto nnd puaaed lt up to Juatlce Fltzgerald, who then illrected that that portlon of hls chargo relntligi to tha hypothetlcal oucstlona put to tho experta for both tho prosecutlon and the defonso bo i ead. ? Hypothetical Questions. Tho chargo statod that the Jurors wero not bound to accept nor allowod to accept oiiinlona huaed oa hypo? thetical questions aa they would ac? cept fact a, ln hypothetlcal questions, the court declared, lt la alwuys of tlrat Importance that tho fucta coutalned la such questions hnvo boon oHtabltahcd to the Hittlsfiiction of tho Jury. Opln Ioiib on such (lueatlcjns should be con rtldi.red in connectlon with all tho evU donco ln tlm caso, "I belleve, now. tlmt thnt ls nll, geiitleineii," saiil Justlco Fltzgerald. "No, sir," tntorruptod Foreman Smith, "Thero waa ono moro requost,1* "That requost," snld Justlco Flta gorald, "ln tlmt certaln portions of tho summing up uddress by Mr, Dolmas be read to you. 1 cannot grnnt lt. It Is not evldenco, and you must romenibor that you can hnvo nothing but tho evldenco glvon to you." Tho Jury thon rotlrod again und re.siuui'd dellberatlons. Based on Santty Alone. Tlm second roquest for luforxnutlon from tho Jury wus tnltun aa posltlva liullcutlon thnt a verdict, if rendered, wlli bo based on tho aanity or |n. aa'nlty of tho (k-fendunt,. uiul, that tha unwrltti'ii lnw will havo no part ln it. Tho request for tho readint; of a portlon of Mr. Uolinaa's speoeh waa taken ns a fuvorublo indlcatlon by tha defenso despito tho fact that Jua tlco Fltzgerald would not ullow tha request, Soon after itio Jury retirod Kvolya Thaw, accompanlod by Mr. Q'Retlly, ot Thaw'a counaol, left tho courthouso for luueh. U'ho crowd iu tho su-uyt wiut