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.