Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1907-02-01
THAW JURY
Continued from page ID

consideration was again discussed about
the court building. II was also stated
that he was. the juror whom Thaw and
his counsel had been pleased to have on
the trial panel, and that the lawyers for
the defense would fight to the. last any
effort to dislodge him. "a
Thaw's attorneys had been none too
willing to allow Walker and Haas to be
replaced and it was only after a long
argument by the district attorney that
they consented in the case Of the third
man this afternoon The conference evi-'
IDENTIFY was one of some warmth, for
when jerome appeared in the court room
4 he was flushed and walked with the
stride of an angry man. He dispatched
his assistant, Garvan, on an important
errand and sat down while the clerk
began the roll call of talesmen.
0 When no announcement was made as
to further discharges from the jury pan-
el, it was taken for granted that Hart
ridge and Others of Thaw's counsel had
won the battle with the district attorney.
Examinations of the first talesman called
after the conference were carried on un-
der circumstances that indicate that feel
ing existed on both sides. and one tales
Z man, nearly 80 years old, whom neither
side appeared to want, came very near to
taking the oath because Jerome refused
to carry out the examination when coun-
sci for defense declined to give an irn-
mediate consent to the proposed jurors
withdrawal Thaw's attorneys also de-
clined to examine the talesman, and all
challenge for cause had been withdrawn
when Mr. Jerome interposed peremp-
tory challenge Z,
Garvan returned after an absence of
forty minutes and Jerome called another
conference There was gesticulation and
indications of lively argument, but
I again to no avail, and the proceedings
were resumed. Toward the end of the
afternoon session messenger came from
the district attorneys office, the result
of which was whispered conversation
between Judge Fitzgerald and the at
torneys, and it was announced that be-
cause Of the i'll health Of Juror No. IL
Henry |. Reinberger, silk merchant
would be excused from further service
Kelinbergers physician informed the dis
trict attorney of the danger to his pa
\ tents health and It was agreed that he
should be excused.
Two of the three new jurors added to
the panel were secured at the morning
session They were Oscar "A. Pink,
\ a salesman, 48 years old, who replaced
Walker, and Wilbur s. Steele, nanufac-
! turer, SO years old, who replaced Haas
& as No. 9. The Juror secured during the
Afternoon to replace Kleinberger as No.
Il is Joseph B. Bolton, 81 years old,
clerk. All three are married and there
is now but one bachelor on the jury,
John S. Dennee, No. TO-. It is believed
that the twelfth juror will be secured to-
Z morrow morning, but uncertainty as to
the term Of service of the jurors now
sitting on the trial panel was so strong
that predictions are all but worthless. It
was said tonight that Thaw's attorneys
might give in to Mr. Jerome's demand
for the excuse of one of the jurors, if he
in turn would agree to the excusing of a
juror whom the defense does not regard
with favor. This could not be verified.
The release of so many sworn jurors
has resulted in an increase by ten in
the number Of peremptory challenges al
lowed each side. The defense now has
eleven left. The prosecution has twenty
peremptory challenges still at its com
\ nland. District Attorney Jerome an.
flounced today for the first time that lie
q will not make the opening address to The
Jury. He viii turn the task over to his
4 assistant, Francis P. Garvafi, who has
had immediate charge of the Tiaaw cast
ever since the night Of the roof garden
tragedy