Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-01-23
1HAN TRIAL BEGINS,
STIRRING SCENES
Almost a Riot Between 200
Newspaper Reporters and a
Like Number of Police
PROMINENT PEOPLE ATTEND
The Defendants Titled Sister and
Members Of tho Carnegie Family
Among tho Privileged Spectators =
Most Important Case in New York
criminolosy.

New York, Jan. 23.-Unexpected pro-
gress was made today in the work OF
selecting jury for the trial of Harry
Kendall Thaw, the millionaire, for the
murder of Stanford White, an architect
at the Madison Square roof garden on
the evening of June 25, 1906. When re-
cess was taken, Il little before one o.
clock, two jurors had been accepted,
and sworn out of seven examined. The
examination of talesmen did not fully
develop the line of defense, tho there
were illusions in the questions of the
prosecution both as to the law as it re-
lates to the sanity of the accused per.
son and to the "unwritten law OF
which so much has been said and writ
ten since the tragedy was enacted.
During the examination of the first
talesman Thaw's counsel objected to
the form of the questions as propound-
ed by District Attorney Jerome as to
insanity or the unwritten law, but they
told the court they did not object to
the questions in principle.
Thaw's face, pallid from his long
stay in the tombs, broke into smiles as
he saw his wife, mother, sisters and
;p inst hobind
the chair that had been left vacant for
him. He bowed low to his relatives
and seemed for a moment oblivious to
everything else.
New York, Jan. 23.-Scenes ap-
preaching absolute disorder attended
the opening of the trial of Harry K.
Thaw, today, on a charge Of numbering
Stanford White. Most of the clashes
have been reporters and correspond
ents and the police. OF newspaper men
there were perhaps 200. and there was
a policeman for each. Only about fifty
newspaper writer's were finally admit
ted, the remainder of the space in the
court room being reserved for 200
talesmen summoned on the special jury
panel.
The trial began before Supreme
Court Justice Fitzgerald. Mrs. Will
lam Thaw, mother of defendant, the
countess Of Yarmouth and Mrs. George
Lauder Carnegie, her daughters; Mrs.
Evelyn Nesbit- -Thaw. wife of Harry
Thaw; May Mckenzie, the actress;
Edward Thaw, George Lauder Carne-
gle, Thaw's brother-in- law, were
among those present when the pro-
ceedings opened.
There was q decided stir in court
when the etWo prominent alienists, Drs.
Charles Mcdonald and Austin Flint,
were given seats inside the clerks rail.
They were soon in consultation with
District Attorney Jerome and it was
said they had been engaged by him to
watch the case from the very start, to
be prepared to give testimony when
ever 1T might be required.
Thaw had not been brought into
court. When the call of the jury panel
was begun by the clerk there were sew
eral absentees, and the court imposed
fine of 500 on each. DR.. Mabin, the
third expert, Joined Flint and McDon-
aid. When the roll had been completed
jerome moved that the trial proceed.
Two Jurymen Selected.
Justice Fitzgerald admonished the
1~0 <IoA ,~$V
order must be maintained thruout the
hearing. Harry K. Thaw to the bar"
shouted the clerk, and there was a rush
of expectancy The prisoner appeared
almost instantly from the jury room.
He walked somewhat nervously at first,
but when he caught sight of his moth
er and wife and other members Of his
family, his somewhat solemn face
lighted into a smile. Without further
ado, the task of selecting jury was
begun.
Charles w. Dryden, an engineer, was
the first talesman. In response to the
usual questions by Jerome, he declar-
ed that he had no conscientious scru-
pies against capital punishment, but
had formed an unalterable opinion as
W lIl6 oSlSAQdul SuAll vi lIluOC0IlCS.
He was not sure he could render a fair
judgement of the evidence, but would
be guided by direction of the court.
Dryden admitted that he could weigh
legal testimony, and that his mental
capacity could overcome the influence
of newspaper reports. Thaw's coun-
sci peremptorily challenged Dryden,
and he was excused.
Deming G. Smith, a retired manu-
facturer of umbrellas, was the second
talesman called for examination Jer-
ONE read to him the law on insanity
in this state to the effect that crime is
excusable only when the mental state
was such at the time Of the act, that
the person did not know the nature of
it or he was incapable of comprehend
ing the law. Smith said that he would
rely upon the court when 1t came to
the question of instruction as to the
law. He felt that he could render a