The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-02
JURY COMPLETE.
The Thaw Trial Will Begin
Next Monday.
Jerome Is Not Entirely Satisfied
With Panel.
1T SUITS OTHER SIDE.
Presentation of the States Case
Will Be Short.
Emotional Insanity Probable
Line of Defense.

long ana tedious day, the elSHtH VI Iiie
trial, and to the surprise of both prose-
cution and defense, the jury which has
in its keeping the fate of Harry Ken
dali Thaw was completed by the &C
ceptance of Bernard Gerstman, Sc years
old, and married, as the twelfth mem
Der of the panel.
Court was then adjourned until 1920
}, o'clock Monday morning, when. unless
something Unforeseen causes further
delay, Thaw's real battle for life will
begin.
District Attorney Jerome, who has
been contending for the removal of one
of the men now in the jury box, but
who has failed to gain the consent OF
the defendants counsel to a change.
was still reluctant as court adjourned
to begin the actual proceedings with
out a further opportunity to plead with
Thaw's attorney. At his request, there
fore, Justice Fitzgerald ordered al!
talesmen who have not yet been ex-
amined to be in court Monday morning
ready for jury service in case any are
needed.
Mr. Jerome then announced that il
there should be no change in the situa-
ton in the meantime the state would
proceed to place all its direct testimony
before the jury at the Monday morning
session. The defense was notified to be
in readiness to proceed by Monday af-
ternoon.
I'VE are entirely satisfied with the
jury said Clifford w. Hartridge,
Thaw's leading counsel. and added the
intimation that he would not consent to
any further alterations of the person
mel.
1.-The defense will be ready to proceed
the minute the prosecution has finished
Its case declared John B. Gleason,
another of Thaw's attorneys
Assistant Attorney General Garvan
prosecution. His remarks will be
brief. The state will then introduce
such witnesses as are necessary to
prove stanford White was shot and
killed by Harry K. Thaw on the Madi-
son Square roof garden the night of
June 25, last In announcing that the
introduction will not require more
than one session of the court Mr.. Je-
rome is evidently of the opinion that
the cross examination of the states
witnesses to the actual events associat-
ed with the tragedy, may not be very
extensive.
From the questions which have so
persistently been put to the talesmen
by Thaw's attorneys as to any pre-
JUDGE against defense of insanity, it
is at least generally conceded that
plea of emotional insanity will be the
main reliance of the young defendant.
This probably will lead to a cross
questioning of the states witnesses rs
to any popularity they may have no
ticed in ThaW's conduct the night of
the tragedy in which event the con-
cIusion of the states direct testimony
may take longer than is now antici-
pated.
Thaw seemed to be in the best of
spirits as the last juror was sworn.
Forty talesmen had been examined in
vain during the day. when Bernard
Gerstman declared he had no such
opinion in the case that would prevent
his rendering fair and impartial
verdict, and he was not preJudiced
against any line of defense and would
give the prisoner the benefit of every
reasonable doubt
Following is the list of jurors:
Foreman. No. 1-Deming B. Smith,
retired manufacturer. 253 West 111th
street, SO years old. married.
No 2-Charles H. Fecke manager
of a department of the Cunard steam
ship line; lives in Sol West 1S5th
street As years old, married.
No George Pfaff, dealer in
hardware and machinery supplies in
1872 Center street, and lives in 617
West 13Sth street, 40 years old, mar
ried.
No. Oscar A. Pink, salesman. As
years old. married.
No 5-Henry c. Harvey. manager
corner of Brook avenue and 1920
street 60 years old, married.
No. 6-Harry c. Brearley. advertis-
ing agent of II State street, residing
in 10 East Sixteenth street. 40 years
old. married.
No. Malcolm s. Fraser, clothing
salesman. of 142 West 12sth street, IS
years old. married.
No. S-Charles d. Newton. retired,
of 267 West bath street, IS years old,
No. s-wilbur S. steel. manufactur-
er. so years old, married.
No. 10-John S. Dennee, traffic
agent of the Southern railway, living
a 1920 Broadway. SO years old, un-
married.
No. 11-Joseph B. Bolton, clerk. 81
years old. married.
No. 12-Bernard Gerstman, So
years old, married.
Jerome Is Not Satisfied.
New York, Feb. 2.-Reports that
some of the jurors selected will be ex-
cused when court resumes Monday
were in circulation again today 1t
was rumored that the health of one of
the men chosen is so precarious that
District Attorney Jerome hesitates to
proceed with the case through appre-
hension that the close confinement of
the jury will result in his illness and |
cause a mistrial. 1t was reported also
dispense with the services of another |
juror for reasons known only to himself |
and the employees of his office.
The activity of detectives in the en-
ploy of the defense and prosecution in |
seeking witnesses and maintaining a |
watch upon the movements of the other |
eide is on a par with the care exercised /
In the selection of the jury. This ex- |
cites belief that both the prosecution |