The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-01-24
STILL HIDDEN.
tcontanuea. from Page one.l

1 he was accused.
Ashby Bieldler was declared disqual-
| flied by the court after he had shown
| letter to Justice Fitzgerald. Up to thil
time, 11:45 o'clock, six talesmens hat
been examined without finding salts.
| TaIesrnan Isaac C. Woodruff knew
counsel in the case and by consent
was excused . 2 -
Mr.. Thomas H. Easter declared he
had no bias as between the people and
the defendant. In case of murder.
however, he would not only want
| every reasonable doubt, but every pos
\ sibie doubt removed. He would re-
quire stronger evidence to convict in
| a case involving capital punishment
than in an ordinary criminal proceed
4 ing.
Many Kinds of Doubts.
Whatever doubt exists in my mind
I would give to the defendant said
| Mr.. Easter.
81 challenge the talesman.'' said the
In response to questions by defend
| ants counsel Easter said:
Il draw no distinction between an
ordinary doubt and a reasonable
Did you ever have an imaginary
doubt in your mind2"- asked Justice
Fitzgerald.
Yes
What kind of doubt would you call
that?"
"A possible doubt
Then there is a difference between
possible doubt and a reasonable
doubt?''
yes"
challenge sustained said the
court. syls lsst~
Easter stepped down. eSi.o.s #si =
/. Francis J. Lynch declared while he
was personally opposed to the infiic-
ton of capital punishment this would
not influence him In arriving at a YER
dict. .a.-.
"Have you objections to any parti-
cular line of defense?" asked Attorney
Hartridge.
NO replied the talesman. It
seemed that Lynch was about to be
accepted. but Thaw's counsel held a
consultation in which the defendant
took part and then the talesman was
peremptorily challenged. He was ex-
cused.
Robert L. Corson, the tenth tales
without examination.
Carl H. Newcomb, talesman No. 80,
declared he had formed a decided
opinion. ------s-----
From the newspapers?" asked Mr..
Jerome.
yes
Mr. Hartridge asked Newcomb if he
could not hear all the evidence and
come to an. honest conclusion irres-
pective of any outside feeling or i'm
preston.
.'I think it would get on my nerves
to be locked up for two months and
that 1 could not pay the attention to
the case that 1T deserved. 1 would
try, though to do my sworn duty"
Newcomb was peremptorily chai.
lenged by Thaw's counsel.
James S. Bradley. jr.. declared he
had an, unalterable opinion. He was
excused and a recess until 2:15 o'clock
was ordered. e.la1
Late Yesterday Proceedings.
were selected yesterday in the Thaw
trial and it look. now sasIsf the jury
would be completed in less than a
week, the minimum allotted by GRIM
ina1 court experts.
The work in the court room -yester-
day developed one or two features out
of the ordinary. The first of these
was the order of Justice Fitzgerald
that the jury shall be kept in seclu-
sion until its members have reached |
verdict. At the recess in the middle
of the day Justice Fitzgerald swore in
two officers to take charge of the !
those already in the box upon the i'm
portance of their duties and the care
they should take not to have any COM |
munication with outsiders.
To lock up juror at the beginning
of a trial is unusual. 1t was done at
the second Molineux trial and perhaps
once since. but even in cases which |
have excited as much interest as the
were allowed to return to their homes |
every night until all the evidence was
in. No explanation of this WAS given. I
but it is plain that the judge wishes |
the jurymen kept from possible out
side influence. The jurymen will be |
lodged at the Broadway Central hotel |
and will be constantly under the SER
vigilance of the officers placed in |
charge of them.
The second development was the |
appearance in court, on behalf of the |
prosecution, of three noted alienists, |
Their duty is to watch the trial to |
ton by the defense of the emotional !
insanity plea. The plans of the de-
Tense are still hidden o To the dues-
tions asked of the falesmen by the !
was paid yesterday to see If they |
would give any Indication of what line
the defense would take. =. But it seem
ed as though Mr.. Jerome was as much |
in the dark as anybody and the law
yers for Thaw permitted no word to |
escape them which would betray their /
intentions.
The district attorney carefully
guarded against the, two obvious
points which could be made against
him.
Each talesman was asked if he
would be content to abide by the law /
as the judge declared it, With great
care counsel elaborated this point.
Once or twice he mentioned by name
the "unwritten law" more often he
spoke of an ethical law, a supposed +
sense of equity or, a higher law. He
took up the question of insanity. Not
a word was said by the lawyers for
the defence that lent any support to
the emotional insanity theories.
Thaw himself took practically no
part in the proceedings yesterday. He
listened intently enough and occasion
ally whispered to the counsel near him
or to Mr.. Delmas, but there was none
of that continuous interference which
II h Ia haarl said that he would insist