4. Manslaughter in the second degree, punishable by fifteen years’ imprisonment.
5. Not guilty, on the ground that the defendant was insane at the time of the shooting.
6. Not guilty, without any explanation.
When the jury went out. Justice Fitzgerald expected a verdict soon, and remained in the court room until 11 p. m., ready to receive it. At that hour no word had come from the jury, and the judge ordered the twelve men locked up for the night. Thaw’s cheerfulness had entirely disappeared, and it was plain that he was in a mood of deepest gloom as he was led back into the prisoner’s pen. There his wife visited him for a short time, endeavoring to cheer him, and then she went to dinner at a near-by restaurant with Dan O’Reilly, a member of Thaw’s counsel, not wishing to be away from her husband if a verdict should be returned.
In spite of District Attorney Jerome’s masterly speech, the members of the Thaw family had a faint hope for an immediate verdict, and remained in the courtroom for half an hour. Finally it became apparent that their stay was useless. Mrs. William Thaw, worn out with anxiety, was forced to go to her hotel.
Though the long delay seemed to many close observers to preclude a verdict of acquittal, it was taken as indicating that a verdict of guilty also could not be reached, and the impression began to gain, that there would be a disagreement, which would render the twelve weeks’ trial useless.
Members of Thaw’s family were fearful, however, lest under Justice Fitzgerald’s charge the jury might bring in a verdict for one of the lesser degrees of murder or for manslaughter as outlined by the court.
One of the prison guards with Thaw received word from his home that his little girl, who had been ill for several days, was dying. Thaw turned to him and expressed the greatest sympathy.
“You are in a worse predicament than I am,” he said to the guard, “and I am very sorry.”
When Justice Fitzgerald re-opened court the next morning he sent a bailiff to ask Foreman Smith if the jury had reached a verdict. “No, we have not,” was the only reply.