At 11 a.m. the second day the jury sent word it would come into court for further instructions.
A moment later they filed in, headed by Deming B. Smith, their foreman. Nobody needed to be told that they had sat up all night. They looked it. The look of weariness and anxiety and sleepiness was all over them, but they did not look like men who were ready to quit. They looked like men who knew the gravity of their task and who were determined to discharge it properly if there was any way of doing it.
Justice Fitzgerald came in a moment later and as soon as he had taken his seat Clerk Penny advanced to the rail and said in the quiet manner he might use in asking for a glass of water: “Harry K. Thaw to the bar.”
There was a brief delay, then the pen door opened and Thaw came in ahead of a prion keeper and took his place, smiling a trifle at his wife and mother. Thaw’s relatives had been in the building an hour or so before the jury came in. They all bore themselves in the same impassive manner. Grave they were, but none of them appeared in the least excited. Evelyn Thaw herself looked as if she has passed a wretched night. She was paler than usual and her eyes looked as if she might have been weeping. District Attorney Jerome and Assistant District Attorney Garvan were in their usual places, as also were all of the prisoner’s counsel.
Justice Fitzgerald, in taking the bench, said:
“I have received a request from the jury to be allowed to examine and have possession of the following exhibits:
“1. The plan or diagram of Madison Square garden.
“2. Exhibits A to I—the letters from Thaw to Attorney Longfellow.
“3. The will and codicil.
“4. The Comstock letter.