The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-22
TRIALNEXTYEAR MAYBE
,CISE NOW TRANSFERRED TO THE
SUPREME COIRT.
Thaw's Counsel opposes Application for a
Special Panel and jerome wlthdraws 10
and X the case nut Of the General
Sessions -DepOsitiOns Ont Of the state.

steeiUts- hPeDOsiVlOus Out 81 the ~thte.
1t is pretty certain now that the trial Of
Harry X. Thaw for the murder Of Stanford
White will not be reached until some time
in January or maybe later. On the motion
OF District Attorney Jerome the case was
sent yesterday TO the Supreme Court by
Justice Greenbaum. who is sitting in the
riminal Branch. At the same time Mr..
Jerome withdrew his application made TO
Judge O'Sullivan in General Sessions for
a special panel OF talesnen from which to
draw a jury. All this means that it will
be impossible 10 try Thaw before Recorder
Gof in General Sessions on December 3.
the day Axed.
The transfer of the case 10 the Supreme
Court came as a surprise. Earlier in the
day argument on the application for a spe-
cial panel had been heard by Judge O'Sulli-
van. Clifford W. Hartr idge. of counsel
for Thaw. opposed the motion.
W do not think hat this is the proper
time for such a motion. he said. we
have recently discovered that some of our
witnesses are not residents of tins State
and We will have to take their testimony
in the form Of dispositions. We will prob
ably not be able to get those dispositions
until the special panel is drawn. 1t would
be an unnecessary expense to the taxpayers
TO keep a special panel in commission. In
addition members of a special panel are
likely to be men who read the newspapers
most carefully and to know more about
the rare than an ordinary panel.
But you forget replied Assistant Dis
trict Attorney Caravan, that they are com
PEELED to swear that they will not let what
they have read in the newspapers influence
their on the evidence
Judge O'Sullivan took the papers under
a~dvisement When MIR. Jerome heard OF
the action Of Thaw's counsel he wac aston
ished. For n long time Thaw has been
besieging the District Attorneys office
with entreaties for an early trial.
Mr.. jerome decided that he would not
interfere with Thaw getting the testimony
of witnesses outside Of the State, and i'm
medistely Withdrew the application for
a special panel. At the same time he pre-
pared the order for the transfer of the case
TO the Supreme Court. Thaw's counsel
tried to have the case sent to the Supreme
Court some time ago, but Mr.. jerome OPP
posed the motion and won. There II said
to be an objection on the part of Thaw and
his friends having the case tried before
Recorder GOT. Mr.. Golf will be on the
Supreme Court bench after January /.
and could be assigned to the Criminal
stood that the District Attorneys Office
would like 10 have the case tried before
him.
On Thaw's motion for a writ Of prohibit
ton restraining the Grand Jury and others
from interfering in his case, which was
referred to Recorder Goff by Justice Mac
Lean, the Recorder made this decision
yesterday:
"Accor riding to the order of the Supreme
Court, Mr.. Justice MacLean expressed tie
opinion that the application should be made
in the first instance TO the Court Of General
Sessions. The only paper before me is the
order containing that expression. No mo-
ZION or application has been made 10 this
court, nor have any afiidavits been submit
ted for any purpose. Their has been a very
interesting argument and submission of
inst ructive briefs by counsel, but in the
absence of any foundation for judicial &C.
ton the discussion becomes purely acade-
mic. A rule cannot be made. because there
is nothing 10 rule upon"
That seems to leave the writ Of prohi-
bition in the air.
4. Mr.. Hartridge refused to say yesterday
who the witnesses were out Of the state
who wouldn't come here for the trial.
VI ia supposed that the defence intends 10
get the testimony of persons who know
something about Thaw's actions just before
the shooting.