The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-02-01

New York, January 30.-There was
but a single vacant chair in the Thaw
jury box when court adjourned today
and it is expected that tomorrow ar
teInoOn at the latest, District Attorney
Jerome will begin his opening address
to q completed jury. Then the defen-
dant, his wife and all the members or
his family who are able to be in court
must listen to the story Of the roof
garden tragedy, told in all it's drama
tic detail and as impressiveiy as
it is within the power of the prose-
cutting officer to portray it. The length
and breadth of the ground the district
attorney will cover has not been dis
closed. Just how far back he will
deive into the history of the principals
in the famous case no one but Mr. Je-
rome knows. He has not related the
plan OF his opening address to any one,
though it has been intimated authOr1-
tatively that the direct evidence of the
prosecution will be of the briefest posi-
bic character, dealing only with the
the story of the tragedy itself as seen
by eye-WitneSSes. One or two witnesses
may be heard as to the alleged motive
for the crime. 1t remains for the de-
Tense to open the way. to testimony
which has to do with any relations
which may have existed between Stan
ford White and Evelyn Nesbitt prior
to the Staying Of the architect. Thaws
attorneys probably will not reply TO
N.fvJerome tomorrow, reserying their
o7oehing until the state has finished
it's ease.
Fwo jurors were added 10 the trial
panel today making II in all. In an
effort to complete the jury the attor-
aeyS exhausted the second special pam
al of talesmen Summoned for the trial.
A new panel of 100 was ordered and
will be in court tomorrow. The twelfth
Juror will be chosen from the new list.
Sixty-five talesmen were examined to-
day, breaking all records of the trial.
The highest number on any previous
day was 81.
One Juror was secured during the
morning session and one near the
close of the afternoon sitting of the
court.
Harry c. Brearley, an advertising
agent, years of age and married, was
the first talesman to qualify today. He
took his place as juror No. 6, the
chair made vacant by the dropping or
Harold r. Faire from the jury yester-
Sfay afternoon. Mr.. Brearley told the
ya6rneys for the defense that he had
no prejudice whatever against a plea
of insanity, and that in Judging such
a plea, he would be guided by the
principle of allowing the defendant the
advantage of every reasonable doubt
The afternoon juror, Henry kiln
berger. a silk merchant, AZ years old
and married, said he knew very little
about the subject of insanity and
would have to be guided by the in
structions of the court in arriving at
a conclusion on such plea. He did
not think his judgment would pc un-
duly swayed by sympathy or emotion.
The manner in which Thaw's attOr-
news continued to dwell upon the SUD-
iect of insanity in their examination
ef various talesmen seemed to indicate
that a plea of temporary insanity,
which would be a legal defense, viii
eventually be entered. In developing
this claim that Thaw was insane at the
time of the tragedy, the defendants S
attorneys may bring in such details as
they and the prisoner believe will in
fuence the sympathy of the men who
may have an underlined belief IN the
so-called ''unwritten law" There is
much speculation as to what course
Mr.. Jerome will pursue if Thaw's coun-
sch begin to develop their plea OF tenn
porary insanity. He is prepared to
combat their alienists, but there is a
possibility that he may bring the
proceedings to an abrupt halt and ap-
5iy for the appointment of a commits
sion to decide whether or not the de-
fendant TO insane at the present time.