The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-01-31
.TWOM0RELETOUT
ThaW Jurors Nos. 4 and 8 Dis
missed by Agreement.
No Reason Assigned for the
Action as Before.
ANOTHER 100 CALLED.
Two New Jurors Chosen to
Replace Those Dismissed.
Still One Vacant Chair When
Recess Was Taken.
100 CALLED.


ton was sprung in the Thaw murder
trial today when two more jurors
were summarily excused by the court.
No reason was given. The simple an
nouncement by District Attorney
jerome was that counsel for the state
and defense had agreed to dismiss
jurors No. A and No. .. 1t was report
ed that the defense did not readily
consent to the release.
The loss of the two sworn jurors
was offset before the luncheon recess
by the selection of two new men, leav-
ing but one vacant chair to be filed
this afternoon.
When the two jurors We're dismissed
this morning Justice Fitzgerald or
dered that another new panel of tales
men should be summoned for tomor-
row. Assistant District Attorney Gar
van today asked each talesman eX-
amined if ne had been approached
in any way in connection with the
case" None had.
The Days Proceedings.
New York, Jan. S1.-When the sew
enth days proceedings of the trial of
Harry K. Thaw opened this morning, it
was expected that the one juror neceS-
Sary to complete the trial panel of II
would be secured before luncheon, and
that District Attorney Jerome would
ecution before the day was done. A
panel of one hundred new talesmen ap-
peared this morning in response to the
orders issued yesterday The defendant
appeared confident that today would
witness the real beginning of his trial
and he had evidently steled himself for
the ordeal of the district attorneys
arraignment.
The members of the new jury panel
filled many of the seats in the rear OF
the court room, which have been va
cant for several days through the strict
enforcement of the rule regulating ad-
mittance to the court room.
The members of the Thaw family
were early in their seats. The mother
of the prisoner came with her daugh-
ters, the Countess of Yarmouth and
Mrs George L. Carnegie, and her son.
Edward Thaw. Josiah Thaw and
George Carnegie had preceded Mrs.
Thaw's party. Mrs. Evelyn Thaw and
May Mckenzie are usually among the
first persons to reach the court room,
but they did not arrive today until
1880 They exchanged cordial greet
ings with the others of the family
party.
The morning session had not opened
when the prisoners wife came in. The
delay was due to a conference of all the
attorneys with Justice Fitzgerald. The
result of the conference was made
jury panel had been called. District
Attorney Jerome announced that coun-
sci for the people and the defense had
agreed to excuse from further service
on the jury. David S. Walker and Louis
Haas No reason was assigned and the
court excused the two men who
promptly complied by stepping down
and out.
Rumors that both Mr. Walker, who is
a son of John Brisben Walker, and Mr..
Haas would be excused had been rife
all morning and there was little sur
prise when the decision was announced
Walker and Haas are both unmarried
The former is real estate broker, and
the latter the New York representative
of Philadelphia wholesale candy con-
Germ.
Thaw's Counsel DispIeased.
1t was reported that Thaw's counsel
did not readily consent to the release
of the two jurymen today, but after
Mr.. Jerome had argued the matter be-
fore Justice Fitzgerald he gained the
consent of the defendants counsel.
Walker and Haas were two of the three
unmarried men on the jury.
Thaw was visibly disappointed
though he had been apprised in advance
of the decision to release the two jury
men. 1t was practically at Thaw's die
tation that Mr.. Walker was first ac-
cepted
Both of the released jurymen ex-
pressed much surprise as they left the
court house.
Dolphin Delnas remained on the sick
list today but his partner, Mr.. McPike,
was at the defendants counsel table.
Mr. Delmas is nursing his cold care
fully In the hope of being fully re-
covered when the trial actually begins.
With three jurors to be chosen the
prosecution had eleven peremptory
challenges available and the defense
seven District Attorney Jerome en-
ployed one of his in excusing the sec
ond talesman called from the new
panel. He was William Virgins. who
was declared competent by the court
and apparently was satisfactory to Thaw
and his attorneys. The first talesman
called was excused by consent.
The state challenged peremptorily a |
second time when James P. Franklin |
a paper manufact cturer, seemed to be ac- |
cepted. Alfred Fecheimer was excused |
for bias and Walter V. Pollard was al
lowed to go by consent
Henry ]. Robinson also secured con-
sent for his release and it was nearly |
12 O'Clock when Joseph L. Morton. the |
seventh talesman, took the stand. Mr..
Morton said he did not think he could |
altogether disregard an opinion he had |
formed. He was excused
Adam G. Laughlin. a dry goods mer- !
chant had an opinion which he de- |
clared the evidence might not entirely |
remove.
oscar Pink. 46 years of age. married !
a hay and grain salesman. satisfactorily |
answered all questions put by the prose
cution and defense He was promptly |
sworn and took the place vacated by
Mr.. Walker.
Another Panel Ordered.