New-York tribune., 1907-01-30

street, asked him: 'win you kindly explain
why you ask ne questions about Mr.. Baker?
Were they meant particularly for me? j GER
tainly never have been approached by any one"
Mr. Jerome hastened TO cool the talesmans
rising anger and said: 'oh. no. didn't mean
them for you particularly. have received cer-
tain information which makes It necessary for
me 90 ask such questions did rot mean TO re-
feet on you ct all"
AS TWO jurors were obtained yesterday and
two were excused. the number I'm the box re-
mains the same-nine. Il is probable that the
jury VIII be completed by Thursday if nothing
unforeseen happens. Only sixty talesmen re-
main 20 be examined CT the second panel of 100
ordered 10 be in attendance yesterday, as twen-
ty-fOur did not answer 10 rollcalL That would
mean that juror would have 10 be found in
each twenty men. an average which has not
been found. else third panel would have
10 be summoned
THAw'S SPIRITS IMPROVE.
AS the trial progresses Thaw appears to better
advantage each day. His spirits seem 20 rise
the day OF the real trial gets nearer, and
yesterday he apparently of the hap
piest men in the courtroom. Il only when
he stood while Juror was being sworn that
he was solemn and appeared 20 appreciate the
gravity OF his situation. Mrs. William Thaw
the women except Mrs. Evelyn Thaw. Miss
Mackenzie was included in counsels yesterday
for the first time. She ate her luncheon with
the others and remained chatting with them
during recess.
Thaw showed HIS love for his mother again
yesterday he leaving court for the day.
In passing. he stopped. kissed her and whispered
words Of cheer which made her smile.
There is doubt that the defendant was
pleased at the selection Of the two Jurors yes
terday. John S. Dennee the first one obtained
is tall, well built OF about thirty-flve
He has a smooth shaven face. is partially bald
and speaks with a decided Southern accent
When he said he was "bohn' in Louisiana and
lived there twenty-five years. coming TO New
York by way Of Washington. where he lived
some time, and that he was connected with the
Southern Railway. Thaw nodded his head 10
accept him. And after Mr.. Dennee was sworn
ne smiled at his counsel with unconcealed de-
light
David s. Walker was also very much TO
Thaw's liking Walker said he knew practically
every one connected with the defence. and also
knew the White family He has been connected.
more less intimately with Thaw's life for
some years Thaw fairly grinned when the Dis
trict Attorney made no objection 20 Mr.. Walker.
and then turned and smiled at his wife. sisters
and mother
-Four times yesterday the accused man caused
HIS counsel 10 issue peremptory challenges.
Once. after James S. Smooth had been exhaust
ively examined. II looked as IL he would be ac-
cepted. Mr.. Smooth a Kentuckian. answered
questions in a decided. snappy manner. and
Thaw evidently did not like II and passed the
word along 10 challenge him.
Fertility Of resource in providing reasons why
they should be excused from performing their
duty as citizens manifested by talesmen SO
frequently yesterday that Justice Fitzgerald
plainly showed HIS annoyance. w w. st John.
wholesale cigar dealer, of No. 372 Lexington
avenue, answered all questions satisfactorily.
but it was evident he didn't want to serve. I'm
afraid worry over my business would prevent
me from giving proper thought 20 the case" he
pleaded. The District Attorney argued with
him. The court took him in hand. At last he
. was excused by consent. and Justice Fitzgerald
made a gesture Of impatience.
Forty-six talesmen were examined yesterday.
and the defence used seven peremptory chal-
lenges TO only one for the prosecution. The
prosecution now has used thirteen challenges
and the defence sixteen out Of the thirty each is
entitled TO.
From the very first scene IN the days drama,
when he Thaw family arrived. in good spirits
and APPARENTLY all friendly again. to the end OF
The day there We're surprises Howard Nesbit
entered the courtroom more boldly yesterday,
having left his hat and coat in the District At
torneys Office. Jack" Barrymore. who ap-
peared on Monday was not present yesterday.
The Light Brigade" Of newspaper women.
known in the courtroom as "Pathos Battery.
No. l." on hand early with two three
new recruits dug 10 from Denver and San Fran
cisco. Their nodding plumes and black pencils
kept time during the dey as they jotted down
heart thr0bs' and "smiles Of anguish"
DELMAS STILL ILL.
Dolphin II. Demas. Of counsel for the de-
fence, was still unable TO be present because OF
a cold. II was learned yesterday that Charles
D. Newton. Juror No s. Is brother Of General
Newton. who, on October 10. 1885, blew up Hell
Gate with dynamite. General Newton was as
sisted in the work by his brother. the juryman.
The feat was considered a stupendous one at
the time. 2s5.Ooo pounds Of dynamite and racka-
rock being used.
Daniel J. Martin. clerk at an abattoir was
the first talesman called. Mr.. Jerome asked
him: should your sympathy or emotion ba
excited during this trial do you believe you
could lay aside your sympathy and emotions
and decide the case on its merits?" Il would DO
ali in my power 10 decide fairly" said the tales
man.
There may be dramatic moments in this
trial, and sympathy and emotion may figure
largely" urged the District Attorney. 'Do you
think you could?" ''I would do my best"
But that isn't going far enough Do you
believe you could or could not?" Mr. Jerome
persisted. 'T believe I could" Mr. Martin re-
piled. Nevertheless he was challenged peremp-
torily by the state.
When Sidney II. Solomon, a pawnbroker OF
No. is William street was called. Mr. Jerome
exked for the FIRST time about the unknown