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 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 CFLL 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.