The Washington herald., 1907-02-01

New York, Jan 3L-They added three
jurors to-day to the list of talesmen ac-
cepted 10 try Harry X. Thaw for the
murder of Stanford White, but they sub
| tracted exactly the same number. so that
| the day closed, as It closed on Wednes-
day. with only eleven jurors In the box.
1t was a disappointment all around. for
both the district attorney and counsel for
! the defense were desirous to complete the
/ jury to-day and get under way with the
trial.
The consequence of the delay is that
there is strong probability that the taking
Of evidence may not begin until next
/ Monday Court does not sit as a rule
on Saturday, and there is among lawyers
and judges a general disinclinaton to IN
terrupt the course Of an important trial
by two-day intermission, except when
! il is necessary to do so.
Another change was also made in the
programme to-day. II Is now planned
that Assistant District Attorney Garvan
shall make the opening address TO the
jury. Mr. Garvan has all along been
assisting Mr. Jerome In the examination
of the talesmen. His talk viii not be
1 long. and when it is finished the prose-
cution win at once begin the presentation
Of its evidence,
Fourth Panel Summoned.
When the days doings were over this
afternoon no less than 256 talesmen had
been examined. and fourth panel had
! been summoned to appear IN court to-
morrow morning. This viii make d total
/ of 500 talesmen summoned ~ appear for
examination as possible jurors in the
| Thaw case.
/ The general opinion was that Mr..
Jerome had rather outgeneraled the
! Thaw forces thus far in the trial He
had. at all events. gone thus far in the
/ selection OF the juTymen without ex-
haustlng more than twenty of his original
allowance Of thirty peremptory chal-
/ ienges. while the defense had used up
| twenty-nine. This would have put the
I Thaw lawyers In a pretty tight hole to-
! day had II not been Tor the fact that
| Mr.. Jerome. IN view or the fact that
/ still another panel had been summoned,
! agreed that IL would be fair 10 allow
| each side ten more peremptory challenges.
/ Justice Fitzgerald consented to this ar
rangement, and it was so ordered.
! Despite the tediousness of the process
of filing the jury box, old attendants At
court are of the opinion that in view Of
the Importance Of the case, excellent
! progress has been made in getting jurors.
/ IN the first Moiineux case it was re-
called around the Criminal Courts build
/ ing. the process of completing the jury
/ occupied about six weeks. The Thaw
/ trial has been in progress since a week
ago last Wednesday, and the jury has
now all but been completed.
More to BE Dismissed.
There is. Of course. the possibility that
still more of the jurors already selected
may be dismissed. This possibility indeed
amounts to a very strong probability. If
the reports regarding one OF the later
/ jurors chosen are to be believed. II was
stated tonight by one Of the prisoners
/ counsel that at least one more of the
present jurors was likely to be excused
/ from serving on the case.
Up to the present time seventeen men
have been selected to act as jurors OF
these six have been excused for various
Der constitutes a record in the New York
courts for jurors who have been sworn
in and then excused from service.
Court was half an hour late in conven-
ing this morning, and ali sorts of rumors
were at once afioat regarding the cause
Then it was learned that the district at
torney and counsel for the defense were
| in conference with Justice Fitzgerald, and
Z
ference had to do with the excuse Of an
other juror or so. There was little sur
prise, therefore, when, at II o'clock. Jus
tice Fitzgerald took his seat and Mr.
Jerome addressed him as soon as the
roll of jurors had been called by Clerk
Penney.
Your honor, said the district attorney
counsel for the people and for the de-
fcnse has been in consultation and for
good and sufficient reasons. counsel for
the defense cOncurring, we ask that
Jurors No 4 and No. 9 be excused from
further attendance. "
Excused without Learning Why.
Mr.. Hartridge gave a confirmatory nod
when Justice Fitzgerald looked at him.
and then the judge said:
Jurors Haas and Walker are excused
from further attendance" The two jurors
at once arose and left the jury box. 1t
was plain that they were both taken by
surprise and they had no explanation TO
offer. Mr.. Walker said:
Il was surprised to be excused. for I
had no intimation of it and l have no
idea what was the cause But while /
am surprised at getting out of it, / am
no more surprised than | was at getting
INTO Il In the first place, after / had tes-
tined that knew the late Stan
ford White and several members of the
Thaw family. However, I'm mighty glad
to get oHt OF it. for all that"
1t was the consensus OF opinion that |
Mr. Jerome's foot had slipped trifie
when ne admitted Mr. Walker to the Jury
III the first place and that excusing this /
juror was merely a rectihcatioD of his /
earlier error As to the case of Mr. /
Haas there was no adequate explanation /
obtainable one story had it that he was /
well acquainted with Daniel O'ReiIy. of /
Thaw's counsel He wouldn't say any
thing about it. lie had described him
self as candymaker of 1T West Nine
ty-sixth street. Both he and Mr. Walker
were among the Youngest jurors that had |
been selected
The third man let go to-day was Henry /
I. Kleinberger. Mr. Kleinberger was /
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