New-York tribune., 1907-01-31

Although the prosecution and the defsnce both
tried their utmost yesterday to Conplets tn.
jury which IS to try Harry Kendall Thaw. thsy
were unable to do so. and had to adjourn after
having exhausted tho second special panel. wIta
eleven Jurors in the box. A third special pansI
OF one hundred has been called for this morning.,
and out OF this panel the twelfth Juror WIZ
undoubtedly be obtained
The possibility that one or more turors slreadr
chosen would be removed from the box IN.
same as Messrs. Campbell and Fafre were wa.
limited last night Such a rUmor had reached
the ears OF Thaw's counsel. but they denied thaa
any move to that end was In. contemplation By
them. Daniel OReilly. one OF the many lave
yers employed by the defence. said he had heard
that the District Attorney might make such y
move. but on what grounds he had not learned.
District Attorney Jerome and his assistant
Mr. Garvan. alternated for the prosecution In
examining the talesmen. and Mr.. Hartridgs and
Mr. Gleason did the work for the defencs Try
as they would. out of the sixty-five talesunsn
examined-ths highest number for any day OF tn,
trial-only two jurors could be found. The con-
tinuous procession OF men to and from the wit
ness stand became so monotonous that hsrdlys
any one took interest in the proceedings. Thavs
yawned as hour after hour passed without result.
and spent most Of his time talking 20 his coun-
sell Miss May Mackenzie was apparently asleer,
for part OF the session. Mrs Evelyn Thax how.
| ever, was on the alert every minute AMI
watched each talesman closely. the same as shs
has every day. Her concentration has been
remarkable. and she has never allowed her at
| tentiOn to wander for a moment
| Mrs. William Thaw, the prisoners mother. ana
one Of his sisters. the Countess OF Yarmouth.
were absent. because OF the weather it was said.
0f-s. Carnegie, Thaw's other sister. was present
however
| THE TWO NEW JURORS
| The two Jurors obtained yesterday were both
married men, Thaw appeared perfectly satisfied
with them. The first one. who was chosen dur
ing the morning session. Harry c. Brearley
a bright eyed clean cut young man. living at
No 10 East 18th street He is the New York
advertising solicitor for THE Exporters and I'm
pOrters' Journal with Offices at No. II State
street Brearley wears glasses and has a closely
cropped mustache- He answered all questions
satisfactorily, although Mr. Jerome and Mr..
Gleason had argument some OF them.
Mr.. Gleason wanted to know if tha tales1nsn
would insist that every fact presented by tha
prosecution be proved beyond a reasonable double
before the defendant should be found guilty. Mr..
Jerome objected to the question, and said the
prosecution could not be bound to the proof OF
every insignificant fragment OF evidence. buE
could only be held to the proof OF all material
facts. Judge Fitzgerald decided in Mr.. JeTomes
favor.
Tho other Juror was Henry I. KleinberSsr. =
s1lr merchant. OF No. 476 Broadway living at No.
1873 Seventh avenue A1r. Kleinberger is appar-
entity about fifty years Of age. has small mus
tache. is partly bald and wears glasses His eK-
animation very brief. Thaw stood erect as q
soldier while the two jurors were being sworns
and smiled at his counsel afterward as IL he was
much pleased
JUDGE STOPS SKETCHING IN COURT.
A rule made by Justice Fitzgerald yesterday
morning. which was most gratifying 70 those
having business In court. forbade artists making
drawings in the courtroom. Justice Fitzgerald .
had become annoyed at the multituds OF draw
ipgs which have appeared depicting every ono
connected with the case. and made I'D his mind (
70 stop 1t. Police Captain Lynch. OF the courr
squad carried out the courts order.
Thaw did not appear to such good advantage
yesterday as he did on Monday and Tuesday. !
He was more nervous than usual and appeared I
tired of the whole affair. He did not greet any I
OF his family when he came back 70 the court |
room IN the afternoon. and was apparently glad .
when it was time to return 70 his cell
Dolphin NJ DeImas and Henry McP1ke os {
Thaw's counsel. were both absent yesterlay.
Mr.. Delmas is still Ill. but is expected 70 be in
court rot later than tomorrow.
Several taIesmen testified again yesterday to
acquaintance with Stanford White. and few
talLsnan said he knew Blair Thaw, a halr-
brother. Another had done work for Josiah C..
Thaw, a third knew Abraham HummeI and a
fourth had known Delaney NicOu and his fam
lily for years. Others were excused. they had
served in capital cases. and enc talesman had
been on the third Jury to try Man Patterson
HINT OF THAW's DEFENCE
While John B. Gleason examining John
w Cannon. president OF the Atlantic Cement
Company. he asked a question that added
strength to the general belief that Thaw's de-
fence will be insanity, He said: "If the ques-
ton Of the defendants mind is brought before
YOU for consideration and IL it is agreed that at
the time OF this homicide he did not know thar
the act he was committing was wrongful act,
would you follow the law and instructions
laid down by the cOurt?' The witness said he
would The talesman about TO be accepted
when Thaw sent orders down the table to Ghal-
Ienge peremptOrily. which was done In two
other cases during the day the defence was sat
IsHed with talesmen. but Thaw did NOT like
them they were challenged
So far in the trial 262 talesrnen have bssn
pEUEyps aBRUT CuVEEv CHAMPAGNE