The San Francisco call. [volume], April 13, 1907, Page 3, Image 3

About The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913

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After Stormy Session Thaw Jury Reports Disagreement Amid Dramatic Scenes.
Delmas Says He Has Not Withdrawn
[]V TEW YORK. April IS — Attorney ». M. Drlmag Was the srucnt at the '-i .
i >$ dinner of the alnmnl of the University of California Club In theflt
I'.Hicl I.afajcttr tonluht. When asked about the reiscrt that Hartridse,
Glrancn. Pcabody and hlmnelf bad retired from the Thaw case, leaving:
only O'UeHljr am counsel, he said: "I have not withdrawn from the ease '
and bave no reason to believe that 3le«sr«.^Hartrldge, Cleaxon and Pea
body have."
Drlmei Traa asked nhout the latervleyr rrllh (Glrason.'ln rrhlch the
lr.it er said the dtsasreement Traa brought about solely by "the unftir
tunate Insltstenoe** of'Delmas In patting; forward the unwritten law. "I
hove no wish to comment on thoite remarks," lie replied.
Prisoner Embraces Wife When
Called to Hear Verdict
< itniUxnrd from Papr 1, Col«. 6 and 7.
with him and hope that we shall have
a new trial speedily, and that the next
time it wiil not be necessary for"the
presiding Judge to have to charge tho
Jury that we are living in a civilized
community."
Attorneys Daniel O'Reilly, Clifford
V, . iia.rt ridge, Russell Peabody and
.lolin !>. Gleason acted for. Thaw today.
It was said that O'Reilly would have a
loading- part in the future conduct of
affairs. i
UXWRITTEX LAW IGaOREU
The story of the proceedings in the
jury room as they were learned tonight
far outranked in interest the brief
court proceedings which brought, the
'anious trial to a close. It developed
that the jury had considered every
thlngr connected with the case except
the "unwritten law," ! passing their
judgment entirely on the evidence.
They voted either for or against ifiur
d»*r*in the lirst degree when they cast
their first\ ballot. The first vote was
S to 4 in favor of conviction.
Tben the? jury tried to reach a com
mon ground on a verdict of man
slaughter in -the first degree, the pun
ishment for which ranges to a maxi
mum of twenty years' imprisonment.
The men in favor of acquittal — largely
<>n the ground of insanity. It is said —
would not change their ballots, and in
she end won^over to their side^gne of
.'. lie e'giit who favored conviction. I>ur
|.:jS the forty-eight hours of delibera
tion only eight ballots were cast. The
jurors spent the two night sessions In
their chairs.
The entire story of what happened
iv the Jury-room from the time the
twelve men retired at 5:17 o'clock on
"Wednesday afternoon until they finally
decided tliis afternoon that the pros
pects of a vei'dict were too remote to
warrant longer discussion of the facts
\.-as told by one of the jurors, Henry
C. Harney. The final ballot, taken
just before the iury reported its dis
agreement In court, was as follows:
l-"i>r conviction cf murder in the s ret deirrej; —
Iteming li. Smith, foreman; Georse Pfaeff, >'o.
x'- Clis:rips 11. P«icke. No. 3; Harry C. Brparlev.
N"'<>. G; Charles D. Newton. No. 8; Joseph B.
li:iitoa. No. 11. end Bernard Gcrstman, No. 12.
I'.ir »<-q-.i;ttal on the ground of insanity — Oscar
\ t'ink. No. 4: Henry C. Harney. No. 5: Mal
. »lm S. Fraser. No. 7; Wilbur F. Steele, No. 9,
sad Ji#fcn S. I»ennoe. No. 10.
Juror Harney said:
About Ten minntes after we reached the Jury
roora we toon the first ballot, and it resulted In
k rote of fight for conviction of murder in the
fli>t (iejrnee. and four for absolute acquittal. The
men who voted for i-onvictlon were: Smith,
.Vreaisn: Pfaeff, Feieke. Breariey, Dennee.'Bol
toa, Newton and Gerstman. <
The men wbo voted to set Thaw free were
I'iiik. Harney, Fraser and Steele. Thirty ' min
ute* clapped before the second ballot was taken,
and th<-n the vote* remained unchanged. A. third
i. allot wan taken at 0:45 p. m., on Wednesday,
and r-'VA there was no change in the opinion of
me Jurors.
Thereafter there was considerable discussion
among the men, bat the night hours were spent
in sleep, and no ballot was taken until 4:30
o'clock the followicg (Thursday » afternoon. This
« *s several hours after the jury bad appealed to
the court for a re-reading of the testimony given
r.v eye-witnesses of fbe tragedy. The fourth
ballot marked one change in the rote. Four of
the, Jurors still held out. for an acquittal, but
of the rest, Bernard Oeretman, the twelfth
• icror. changed his vote from murder in the first '
«>2ree to that of manslaughter In the first
degree.
DKFEXSE AVOX OVER
About two hoars later a fifth ballot was taken
WILL SURRENDER EYTINGE
TO THE SHERIFF TODAY
Arizonan Charged With the
Murder of J. Leicht Is
Uneasy in Cell
SPECIAL DISPATCH TO THE CALL
SAN RAFAEL, April 12.— Deputy
Sheriff Powers and Detective F. B.
Keys of Los Angeles will leave here to
morrow morning with Louis V. Eytlnge,
alias Devereaux Gaston, for San Fran
cisco, where they will meet Sheriff Carl
Jiayden, who will take the prisoner to
Phoenix, AHS.
Sheriff Powers arrived here this af
ternoon with extradition papers signed
by Governor Glllett. and handed
to Deputy Sheriff Powers the notice of
the Governor of Arizona offering a re
ward of $500 for the capture of Eytlnge
and also a certified copy of the reso
lution of the Supervisors of Marlcopa
County offering a reward of $250, and
also a certified check for $250 drawn
by tho Sheboygan Aerie of Eagles, of
which John Leicht, the murdered man,
was a past president and popular mem
ber.
Sheriff Harden went to Eytlnge'a cell
arid was greeted pleasantly by. the
prisoner, who said he would: go along
with him. In speaking about the mur
der of John Leicht on March 17 last.
Sheriff Haydcn said that* it was one of
the most cold-blooded murders ever
committed in Arizona. EytJnge was
uneasy tonight. He said:
•Tarn confident that I will be able to
prove my innocence ' when', the time
comes. I had excellent prospects with
Kragen, who recognized my ability and
was about to place me in charge of a
department,"
BONAPARTE ARGUES FOR
RAILWAY EMPLOYES' LAW.
Washington; -April 12.—Attomey
<!eneral Bonaparte made an argument
today before the Supreme Court In th«s
employer*' liability cases and his ad
dress closed the hearing. He made an
appeal for a liberal ' construction »f the
statutes and declared : that the rail
roads fehould not: be permitted to.be' a
law unto^' themselvt^i. He contended
that the United States _ Government' had
a rizht to regulate the instrumenlaU
lie« of commerce and the 'general .con-
Istitutional -power, '.to tregulate^: "com
merce itself, and' he* argued 1 thi^ -this
jio-A-er • couJd properly, be so, extended
Is to provide for the protection 'of me.i
M-mployed <>« interstate railroads, not
tvith standing that their^employment
fid not take them outside any «iven
and this shewed a decided change on the part of
Juror* who "voted for conviction- It al6O proved
that »fc» effort of tho four jurors who voted for
&n acquittal had not been altogether in rain, for
they succeeded in winning over to their sid<s
Juror Dcnnee, who. up to that time had voted fur
conviction.
The rost of the jurore, with, the exception of
Own:*' IT aiT. who had rotrd • Tor murdpr in the
first decree, decided that Thaw was only guilty
of manslaughter In the first degrre. The sixth
battot was lakrn at t>:2s o'clock Thursday night
and remained nachan?ed.
After that there' was no ballot until 12:20
o'clock this afternoon, when all of the Jurors
showed that they were of Uio same mind as be
fore excepting Brearley. who. in addition to vot
ing: fnr manslaughter In the lirst dejrree, ad<W
that tbe defendant should be recommended to the
merer of the court
The eighth and last ballot was taken at 3:45
o'clock this afternoon and showed a most re
markable t-hause in the entire jury. The "five
men \rlio had voted 'for. an absolute acquittal
changed their ballots to that of not guilty on the
pr<»in<J of insanity in the hope of winning over
their collea^a*^:. the remainder of the Jury,
all of whom, with the exception of Georjre I'falT.
had voted for a Tcrdlct of manslaughter, niaOe
up tfcctr minds that Thaw was guilty of raurder
in the first rtepree and voted aceordinKly.
This practically ended the deliberations of the
jury, and the jurors, arriving at the conclusion
that Ihey could never agree, asked to be dis
charged.
It will be noticed that the only man
who voted consistently to his first opin
ion was George Pfaff. Juror No. 2,
who from the very first ballot adhered
to his belief that Harry Thaw was
guilty of murder In the first degree.
Equally as consistent in their belief
to the contrary were Jurors Pink. Har
ney, Fraser and Steele. who from the
very outset decided that in their opin
ion Thaw was not guilty. These four
men, however, slightly changed their
belief onl the last ballot, when in the
hope of winning over their companions
they conceded to acquit the defendant
on the ground of Insanity.
The sessions of the jury were not
altogether pleasant and peaceful. There
were many stormy arguments" and at
one time charges of inconsistency and
breaking faith with the orders of the
court were made, but at no point of the
deliberations did the foreman lost con
trol of the situation. He success
fully held the twelve men in check and
was the first to suggest, when it was
evident that there was no possibility
of a verdict being reached, to report
the matter to Justice Fitzgerald and
leave the further disposition of the case
to his Judgment.
Juror Joseph Bolton said: "There
i was no question of the unwritten law
or of 'dementia Americana' in the
deliberations. They considered tho
case from a purely legal standpoint and
were not swayed by emotion. .
"The Jury when considering the case
.took no stock in *brainstorms,' " said
Juror George H. Feicks. . "
"We did not pay an undue amount of
attention to the testimony of the alien
ists, either," Feicks added. .
DELMAS IS CRITICISED
O'Reilly of Thaw's counsel tonight
said:
I confess that I am disappointed. I really ex
pected an acquit! cl. Perhaps now.' In . riew : of
the verdict. Mr. Delmas made a mistake In using
the term "dementia Americana," but he made an
honest effort and it might have ' been a mistake
of Judgment.
Attorney Gleason said:
\u25a0 The disagreement of the jury was disappoint
insr, of course. It was unfortunate, the introduc
tion of the "unwritten law" characterized as
"dementia Americana." If instead of this coun
sel had dwelt upon the statutory ground of the
insanity of Thaw, which was plainly proven,
Thaw might have been acquitted.
Mrs. William Thaw, mother of the
prisoner, sent out the following mes
sage in response to requests for a state
ment tonight :
"Mrs. Thaw has nothing to say. She
has made no statement since she has
been in New York; neither will she
make any." \u25a0 . .
Mrs. Evelyn iCesbit-Thaw said:
"I can't understand it. I don't see
_« H
GleiiJnsUßk I
I ' Terrace j
I yxyuLT
I liome-sgpt
1 Lots^pO
lon the I
I moiithly I
I paynient>*' j
'\&G:: : \ ||||
A^ent always 1
on ground. I
& <•:" ,:;:v... \u25a0'•\u25a0
\u25a0 TiiE C SA>J I gKAiNOiiJOO XLiU^L. \u0084SATUKIJAY;;;iAIRRIL 1 13, i.1907.
why they could not have come to some
kind of an agreement." '
A reporter said to Mrs.: Thaw: "The
jury stood seven to five; for conviction."
"I don't believe it," she, cried .em
phatically. "They ought to. Have ac
quitted him on the evidence." ,
When "the disagreement of the Jury
was announced, in court Thaw turned
even paler, than ?he I haa >been- forf tho
past' seven days, ; and when he .was re
manded' to the city prison; at the-sug
gestion of District Attorney, Jerome he
hung his head dejectedly. ; '' ".-'- :
Up to the very, last ; Thaw had hoped
the twelve men would finally agree
upon a verdict of not guilty.".-
THAW EMBRACES .AVIFE . -
Thaw was brought before" the jury
at 4:29 p. m. Heentered v smiling and
confident.' When his v> r ife : appearied,
and after smiling a greeting to him she
was making her' way' to :her
tompd place. Thaw caught her ?by the
sleeve and beckoned -her Into : the un
occupied chair, beside him. V He put his
right arm around her waist.' • v *-\u25a0\u25a0-\u25a0
Justice Fitzgerald said to -the Jurors:
Gentlemen of the Jury, 1 liave deemed it my
duty to beep you here as lons: . as . there was. a
possibility of your reaching a verrtint. UiaTc ar
rived at the conclusion, tuafit:. will be-irapossi
ble for you to do so. --I- hare. :~<-oDsulted with
counsel for the defendant - and : the Ir-xmed Dis
trict Attorney, . and I am: going to discharge you
from further consideration of the case, the I Pub
lic I'rosecutor and counsel for the defendant con
senting to such discharge. - ' ;.: \u25a0\u25a0'
District Attorney Jerome said 'there
were reasons why the January J term
of the court in which the trial of Thaw
was begun should not be adjourned
sine die. Justice Fitzgerald then or
dered an adjournment : until ' Monday,
April 29. . .. - . ... ._.
WIL.L. TIIY THAW ACAIX
Jerome later said the adjournment
until April 29 had nothing to. do with
the Thaw case. The District Attorney
also stated he considered it would be
his duty to put Thaw on trial again.
"There are thirty-four homicide: cases
in my office," he said, "and fifteen or
sixteen- murderers in "the ' Tombs, -and
they must have their-' day in court.
Thaw must tave his turn." . ;
Asked tonight about a report that
Hartridge, Gleason, Peabody and him
self had retired from the Thaw case,
leaving only Daniel O'Reilly as coun
sel, Delmas said: '>
; '^^^^^^^S^^^ir rV: Suppose you buy one of our splendid suits — it \
-k-.. Jp^^^^l^M^^^^I 7 ; - : " loots gqod — fits fine— and the price is very j
§ vMi' iSj low— you wear it day in and day out — \u25a0• 1
mM^ip.hi \f^ ? \ ;%#o you hnd it holds its shape — retains its bill- :
: --'^^^^^K"~^ liancy— wears well. The time comes around
.fe- i^^^^^^^^^SlKk - - when you want another suit — where will you go? g|
I "^Sw^^^y^i^ Tliousands of delighted customers have, answered I
»'. \u25a0-\u25a0 r^^^m^^^^ . I that question by generous patronage— making j
-^l^ooUofW^<^mSS^ ever busy— resulting in its prowth *
IMffS§ ISI .to the largest- clothing: concern in the country — ||
| i^l»^ A il There is only one thing in the world that can hold j
p Mighty pretty patterns and relia^ 1;
Ithe^^c suits that I
c will make a vinan turn round and niaye another look. / I
I As far M^ dollars than you |
s "' ; '-- I -» t ;.-;i,U*^l \JVt WO l VJlxt . / j .'>•\u25a0\u25a0;*\u25a0 I »; J-S"-'* UwjfN 1 vJMrVIM* O l.vlKCt •r . .\u25a0 - _\- . . . - OAJvl*^^ND STORE
Jerome Will Oppose Granting of Bail
NEW .YORK, April 12.— "1n T lew of the iitatnii of the jury," said "j
Dlsirlct Attorney Jerome toaight, "and ol the character of the
deliberations in the -Jury room, I feel it to he's my duty to place
Thaiv ncaln on trial, but as the. 1 number of prlsonem In the Tombs
now waiting .trial*. I» very great, ; and fifteen of them are" charged with
murder In the flrnt degrree, tbese will have to be tried '-'first, anl a «ec
< o'niLtrlnl ; can hardly be reached before late •nrxtautumn>- Should hia ."
r^cbuniiel^Tnake application for, admission to bail . I /should consider it
duty; to oppose any such application." -"'
"As to that, I have -not withdrawn
from the case: and -have no' reasdn 1 to
believe that either ;Messrs.; ; Hartridge,
Gleason or. Peabody have."*_
As to the disagreement" of the jury
he said: ..; :'\u25a0".
; ' '"I'know no more about the disagree- i
I ment of \u25a0 the "'jury/ than "the y general
public knows", and,' it* is too. early -"to,
discuss plans for the 'future.'"
{ Concerning Gleason's criticism of "his
"dementia-Americana"' remarks, \u25a0 Delmas
would say'iOhly:---,"' **"7
- -"I have no wish to com ment on" these
remarks." \u25a0\u25a0\u25a0.'-\u25a0 \u25a0\u25a0•. •• • ::\u25a0-:-. ~:- \u25a0 .'. ;s. - - \u25a0-
SENTIMENT OF LONDON
Papers Say American Prestige Has
Suffered ThrouglTThaw Case ,
; LONDON, April 12.— Interest ~in the
trial of Harry .Tliaw for the murder of
Stanford White, which at first was in
tense here, lagged .; during;; the latter
stages of the proceedings.^However,
the unexpectedly prolonged, delibera
tions of. the jury and the novelty : for,
the' British' public of the curcumstances
surrounding "the final scenes' raised
curiosity here to a fever point.
chief criticisms heard v turned
upon the comparative leniency of
American opinion toward homicides and
what- Englishmen consider a lack of
dignity in the proceedings in the
courts. V ' '
English barristers at first, took ,a
keen interesr>in the case, particularly
toHhe suggested pleas of emotioal ln-
BanitV'and the. "unwritten law,", but re
cently ' had 'almost given up the attempt
to understand the procedure of the
courts _ '- :->: ->; v^ \u25a0
; Itis declared by the papers her« that
. A ™?!T lean . ; prestige has suffered severely
and the case ; is called ,a '.'signal proof
of .the utter inefflcacy of American
statsmanship lto evolve a practical
legal; system." <V. :
?« Surprise ; is expressed 'that Justice
Fitzgerald did v not • dominate, the pro
ceedings, as would an English Judge,'
and >prevent ; the defense from: "fretting
up gush and, greasy, sentiment. about »
girl, wife," and {the prosecution from
"such a, flagrant abuse of Justice" by
the questions Jerome was allowed to
put to Thaw's wife.
MRS. HOLMAN IS RETICENT
Mother of Thaw's Wife Promises to
. Give Out a Statement •
•PJTTSBURG. April 12.— The manner
in which 'the Thaw Jury. disagreement
was -received by_ Mrs. Holman, mother
of ' Evelyn; Nesblt-Thaw, ;ls not known
here" tonight. All efforts to get some
expression from Mra. Holman. were un
successful. A friend of the Holman
family, who was delegated to see- re
portfirs, said: '-'. ,
"Neither . Mr. | nor J^rs. Holman has
anything to say at this time."
It is saifl tonight, however, that Mrs.
Holman is preparingr a statement which
will be. made public in the near future.
.'""\u25a0- \u25a0 \u25a0 \u25a0 ' \u25a0 - \u25a0•'-*? - - '^^»
Absolutely Pure
Makes delloious, healthful food.
x A pure, cream bf tartar Powder.
A can of Royal Baking Powder contains many
more teaspoons foil of taking; powder than a can'
of the heavy acid-laden phosphate o? alum powders.
"BONE WAX", IS APPLIED
*TO SAVE BOY'S ARM
Invention of German Chemist Used
in Case of Italian Lad in
> Brooklyn
NEW YORK, April 12. — The surgeons
of St Gregory's Hospital performed an
operation yesterday on a 6-year-old
Italian boy, Peter L«eparl of -Brooklyn,
by which they replaced a portion of.
a necrotic bone of the left forearm
with a substance known as, "bone wax,"
which will \u25a0In time, the surgeons say,
become. similar to bone.
\u25a0 The surgeons said that the'opera
tion I- vrtLß one of tho first of its kind
in this country and that without doubt
It would be a success.
. Bone wax was discovered Sys^a Ger
man chemist ten years ago and has
been used in Vienna.
POSTOFFICE RECEIPTS
WASHINGTON, April 12.— The gross
receipts of the San Francisco postof
fice'for March, 1907. w«re $150,914. as
compared with. $170,658 for March.
1906. This shows a decrease of only
$19,734 ' ... .<4r^','v '•'
MANY CHANGES MADE IN
NAPA HOSPITAL STAFF
Third Assistant Cohn Is Removed and
Steward Friend Resigns in ..
Favor of F. W. Bush
' XAPA.-^fcprll -12. — At the last meet- v
I lngr or the board of managers or th<»
Napa, State Hospital changes were mad*
in the personnel of the staff that
caused much surprise.
Dr. I. Cohn. third assistant physician,
was removed, ancfr his position now re
mains vacant awaiting an appointment.
TV. H. Friend, steward, has resigned
and has been succeeded by Assembly
man P. W. Bush, who takes office May
1. Friend was formerly Postmaster of
Oakland and was appointed steward
I when Governor Pardee took office.
j James Raney will succeed J. S. Rey-?
I nblds of Oakland as storekeeper, and
Jules Weyand will succeed Raney aa
assistant supervisor.
DXTBUaUE WOSKERS BTSlKE— Dnhnqv.**.
It., April 12. — Fifteen hundred woodworker*
went on strike here today. They ask a nlnt-
bonr day and Increased wages. One of n,»
plants affected la said to be the largest In t:;»
world.
3