Lastly the jurymen asked to have read to them the testimony of Evelyn Thaw so far as it related to the shooting, the testimony of Thomas McCaleb as to where the party was sitting on the roof garden, and the testimony of Dr. Allen McLane Hamilton so far as it was allowed before the jury.
Foreman Smith also asked to have read that portion of Justice Fitzgerald’s charge relating to the testimony of Drs. Evans and Wagners.
After hearing a review of the evidence for two hours and a half the jury retired to its room at 1:30 for a luncheon and further balloting.
Evelyn Thaw was almost mobbed by the hundreds of curious persons outside the courthouse as she left the building to go to luncheon with Attorney Dan O’Reilly. Evelyn separated from the other members of the family at the door and started to walk to a restaurant in Franklin street.
The crowd surged about her by the hundreds, growing constantly with every foot traversed. Several policemen rushed to her assistance, but they were unable to keep back the mob, which crowded about her close enough to touch her garments.
When she had entered the restaurant hundreds took up their station outside to await her appearance.
When the other members of the Thaw family left the building it required several policemen to protect them from the curious ones.
Nothing further was heard from the jury room the second day. The twelve men were taken out to a meal early in the evening, and Justice Fitzgerald, after awaiting a verdict until 11 p.m., ordered the jurors locked up for the night. Thirty-one hours of deliberation had passed then.
This was the second night that the jury has been locked up in the bare jury room, whose only furniture was a long table and some hard chairs. Contrary to what has occurred at many other famous murder trials no information leaked out of the jury room regarding the attitude of the jurors towards conviction or acquittal that could be regarded as in the least reliable.
Various rumors were afloat. Most of them had it that the jury stood 10 to 2 or 9 to 3 for conviction, but on investigation it provided that all of the rumors were nothing better than guesses.