The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-01-25

was rung up today for another act in
the tragedy of real life known as the
Thaw-White case. The setting was
not the gay all-night restaurant OF the
tenderloin where the principal actors
in the tragedy once were familiar fig
ures. 1t was not the roof garden
crowded with the summer dweller sWho
on fateful night clinked glasses in
rhythm to the music of the orchestra
and listened laughingly to merry sing
ers, and then were hushed into silence
OF horror as three pistol shots cracked
and a noted architect lay dead at the
little round table where he had been
chatting with friends.
The story of the play was brought
down to the grim court room scene
where IL men are to sit and render
a Judgment which may mean either
the taking Of another lite, this time
by the State or a determination that
Harry K. Thaw was justified in the
claim that he shot the man who had
ruined his Wife There may be
third decision that he was insane
at the time he committed the crime
emotional insanity'-it was called to-
day-but there will be no opportunity
no say that Thaw is now insane.
The long awaited trial began this
morning shortly before 1O:3O O'Clock
and when an adjournment for the day
had been taken about 5 p. m. there
were two jurors in the box. A third
iurer had been accepted and sworn,
1bA he was excused in the closing
moments of the days session, the
reason for the action being of private
nature and not made public. Nineteen
of the 200 talesmen who were summon
ed were examined before the day clos
ed Nearly all of them seemed anx-
ious to srve and small percentage was
excused for cause The challenge III
nearly every instance was of a per-
emptory character and about evenly
divided between the prosecution and
the defense.
MIR. jerome asked each talesman in
turn If he would be Influenced by the
so-called higher. unwritten law TO the
exclusion of the actual laws OF the
State as they would be laid down by
Justice Fitzgerald. There was none to
say he would not accept the courts fui-
ing as to all questions Of law
On the question Of insanity as an
eXc4se for crime Mr.. Jerome explain
ed to each talesman that the law ex-
cused only those persons who were la
boring under such a defective reason
1 ,ss not to know that the act was wrong
1 hot 10 hn
~ome. Nov would you import into
xour conclusion any ina aginary form o.
insanity you might have in mind o.
that might be suggested to you to the
exclusion of the law rs it will be lait
down by the court?'
Again the talesmen said in turn tha
they would be guided solely by th
court.
Thaw's counsel entered objection
only to certain forms OF questions pro
pounded by Mr.. Jerome along this line
They declared that they had objection
to the questions in principle. The US
uaa percentage of talesmen VINO declar
their conscientious scruples agalhs
casital punishment was missing to-da1
On the other hand however, every taie
man examined said he had formed c
expressed an opinion in the case. A
admitted, however, that their opinion
were based on newspaper reports an
these had been so conflicting frol
time to time as to make their opinion
susceptible of change by the actual e'
danee.
Thaw sat during the day at the tab
set apart for his counsel. AT times
seemed to have a lively interest In tt
examination of the men summoned
decide his fate. leaning well forwal
and holding his hand to his ear
catch every word that might fall FRO
the lips of the ta1esman. Again
would seem listless and his eyes de-
set and having something of star
noTed about the court room. His Ia
was pallied, doubtless due to his sev'
memths confinement in the tombs.
Behind the prisoner sat the sever