Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-02
must guard against Hoping to show that

must guard against. Hoping to show that
Thaw was only temporarily insane when he
shot Stanford White and that he is now
perfectly rational, the defense believes that
the jury may find him not guilty and let
him go free. If the case is taken from the
jury's hands by the action Of the court In
ordering a. lunacy commission. Thaw might
be bundled of to an asylum, a fate which
he declares he breads more than the cleo
trio chair, or else the commission may de-
clare him to be sane, and therefore legally
and mentally responsible for his act.
Every one Of the twelve men now In the
jury box has told the defense. when under
examination as talesman, that he had no
prejudice whatsoever against defense or
insanity, and even would not object to a
combination OF two or more defenses.
Thaws attorneys have been persistent In
asking questions along these lines:
IF the defense were one OF insanity,
they have inquired Of the men selected for
service on the trial panel, would you give
the defendant the same benefit Of a reason
able doubt as to that condition as you
would to the simple question of his guilt
or innocence?"
Any talesman who evaded a direct an
swer to the interrogation was peremptorily
challenged by the defense.
In all 800 talesmen were examined in Sc
curing the Thaw jury. By far the great
majority Of these were allowed to go be-
cause they had formed opinions which were
too strong to be shaken by the evidence.
What these opinions were none OF the tai
esmen was allowed even to intimate, al
though yesterday afternoon one OF the men
on the stand, in replying to question as
to whether he had an opinion, started In to
say that he believed 1.-THE act was that OF
degenerate" and was proceeding to argue
his theory when abruptly headed on by
counsel.
The Death Penalty.
The usual number of talesmen were ex-
cused because of their conscientious
scruples against the infiiction of the death
penalty, and some rang in the new ex-
cuse Of being opposed to the use of cleo
tricity as a means Of carrying out a capital
sentence. Counsel for both sides agreed to
the excuse of scores Of talesmen for a va
riety Of reasons. many Of which were not
publicly disclosed but were stated in pri-
waite conference to Justice Fitzgerald and
the lawyers. 1t was agreed at the begin
ming Of the trial that each side should be
allowed twenty peremptory challenges. car
rying with them the right to excuse any
person desired without assigning reason.
When the sensations of dismissing members
of the jury began to be sprung 1t was seen
that more peremptory challenges would be
ance to forty. The defense finally used
thirty-three and the state the mystic total
Of twenty-three.
Altogether, from first to last, ieghteen
excused the very first day of the trial. and
after he had been in the box but an hour
or So He made q rlea to be Let off on ac-
count Of the damage to his business. and
was successful. The dismissal and excuse
Of five sworn jurors during the present
week were attended by sensational circum-
stances, however, and lent an air of uncer-
tainty to the proceedings. which still exists
in q marked degree. District Attorney
Jerome Is not yet content. 1t Is said, and Is
working hard to gain the consent OF Thaw's
counsel for the release Of one or possibly
two more of the men now in the trial panel.
Satisfied With Jury.
Thaw and his lawyers are all satisfied
with the jury as 1t stands. and 1t Is be-
lieved they will successfully combat any
effort of the district attorney further to
upset the personnel. He viii have to bring
to bear strong evidence of unftness against
any man NOW in the panel before Mr..
Hartrldge and his associates will relent in
their stubborn opposition to change. That
Mr. Jerome Il still hopeful of success was
indicated by his action yesterday after
noon in requesting the court,to have all the
jury talesmen not yet examined report in
court again ON Monday morning for pos
sible jury service.
The fact that the defendant Is wealthy
and the comment heard on all sides that