The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-01-30
But One Juror Secured Out OF
% Men Examined.
FREELY CHALLENGED.
Each Side Employed the Privi-
legO Four Times Today.
Defendant Takes Notes During
the Examination.

curing one new juror at edcn Alol iAAlie
and afternoon session of the IhaV
trial was maintained today when Har
~ c. Brarely, the tenth juror IN th'
box, was added to the trial panel be-
fore the luncheon adjournment wa
ordered.
Twenty-seven talesmen were d1spos'
ed of this morning and the secoho
special panel of one hundred men was
being exhausted so rapidly that JUS
before 1 O'Clock orders were sent ou
summoning one hundred more tales
men for tomorrow morning. This VII
make 400 men who have been sum
moned for possible service in the case
Both state and defense engaged TO-DAY
in a duel of peremptory challenges ano
during the morning session eacn sloe
employed the privilege four times
with two jurors yet to be OBTAINED
the defense has nine summary chal-
lenges left and the state thirteen
Neither Mrs. William Thaw nor the
Countess of Yarmouth ATTENDED .Es tnrs
mornings session. 1t was said they
were suffering from colds and did not
deem it wise to venture out
The defendant had a piece of paper
and a pencil with him today and from
time to time during the examination OF
the talesmen he made notes
The three vacant chairs in the jury
box this morning appeared as a for-
1nidabIe barrier to beginning the TAX
ing of testimony before Thursaay al
fernoon or Friday morning. The av-
erage of Jury selection mas heretofore
been two day.
The action of the court in excusing
two of the sworn jurors yesterday al
ternoon has lent an air of uncertalnIy
to the proceedings, and even the attor-
news in the case are not willing TO haz-
ard a guess as to when the jury may
be completed.
Justice FITZGERALD threw something
of a bombshell into the camp or the
newspaper artists in the court room
this morning by announcing that no
more sketches should be made during
the trial. This came as a complete
surprise. Artists from most OF the
principal eastern cities have been in
court from day to day and have not
been restricted heretofore in any way
Evelyn Nesbit Thaw and May M
Kenzie We're again early In Ine court
room today. When Mr.. Hartridge'
Thaw's leading counsel, came into the
court room. young Mrs. Thaw extend
ed her hand and greeted him cor
daily.
After brief chat, Mr. Hartridge
escorted Mrs Thaw and her COM
panion into the prisoners pen, where
the accused man and his WIFE sat To-
gether for ten minutes exchanging
condolences. The woman had not re-
turned to the court room when Justice
Fitzgerald took his place on the bench.
Thaw was disappointed in entering
the court room to find his wife the
only member of his family present.
The others. it was stated. had been de-
tanned by the heavy snow storm, which
began last night and continued today.
Many RumOrs AfIoat.
There was a wild story going the
rounds of the criminal courts building
TODAY to the effect that there was a
of
a juror. 1t was given no credence
whatever in any responsible quarter.
1t was also stated that the talesmen
who are yet to be examined are under
the surveillance of county detectives,
but this could not be verified. The
statement of Harold r. Faire, one of
the jurors excused yesterday. that he
could offer no explanation as to why
he was replaced in the jury box was
repeated on many sides today and it
was rumored that he might demand in
court an explanation of the action
taken in his case.
For the first time talesmen called
today were asked specifically if they
had been approached by any one in
connection with the case since being
summoned. All replied no. Hereto
fore, talesmen have been asked
whether they had discussed the case
with anyone after coming to court.
The first talesman today was the
nineteenth of the second special panel.
Only sixty men remained in this panel
of 100 men. some having failed to re
spond to the summons, because of ILL.,
ness.
Seven men were examined in vain
within half an hour after the opening
of court. Two of them were peremp-
torily challenged by the defense.
One of those to whom Thaw's attor-
neys were hostile was Joshua l. Roth,
an art dealer, who declared Stanford
White had been a frequent visitor to
his galleries for IS years. This, how
ever the talesman asserted. would not
prejudice him in the least. He seemed
about to be accepted when the defense
interposed a peremptory challenge.
Brother and Sister Arrive.
Edward Thaw and Mrs. George L.
Carnegie reached the court room an
hour after the proceedings. had begun.
Neither the prisoners mother nor his
elder sister, the Countess of Yarmouth,
had then arrived
Attorney DeImas of Thaw's counsel
is still confined to his apartments with
severe cold
The first talesman to prove accept |
able as a juror today was Harry c. |
Brearley, an advertising agent
Brearley was accepted only after
form of questions put to him as to |
what he considered reasonable doubt |
He was finally asked by Mr.. Gleason |
for the defense:
Have you any prejudice against any |
line of defense so long as it is legaI?" |
No replied the talesman.
Have you any prejudice against the |
defense of insanity?''
No |
And as regards that contention. you
would give the defendant the same rea-