The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-01-31
WILL INSANITY
Be DEFENSE OF
HARRY TRAW :?
His Counsel Keep Harp
ing on Question to
Jurymen.
ELEVEN MEN ARE
NOW in THE BOX
Prisoners Mother and Countess
Of Yarmouth, Both Suffering
From Grippe, Did Not
Appear in Court Yes.
terday-Nicoli
Not to Testify.
Especial 10 rho Times- Dispatch

. lH. Especial 10 lUc llleS-iJIhpdltll.l
NEW YORK, Jnnuary a0.--It is not
expected that Mrs. Stanford White or
her son Will testify I'm the rhnw inur-
der trial.
Mrs. White is out OF the JurIsdictIon
Or the district attorneys Office, nnd her
friends here sny she VIII remnin out of
thc Stntc until the jury reaches II ycr-
diet.
At the present time Mrs. White Hnd
her son are In scclusion some where In
New England.
& Mrs. White IL rafd to lie In delicate
health, having not fully recovered from
the nervous effects produced by her
busbnnd.s death.
District Attorney jerome has prncti-
cnIIy abandoned nll attempt TO serve
snbpoenns on Mrs. White and her son.
NEW YORK. January ao-'Therc was
but a single vacant chair In the Thaw
jury boS when court adjourned to-day.
and it Is expected tomorrow afternoon
at the latest. District Attorney Jerome
Will begin his opening address to a
completed Jury. Then the defendant
his wife and all the members OF his
family who are able to be in court,
must listen to the story OF tho roof
garden tragedy. told in all its dramati
detail. and as impressiveiy as lies with
in the power of the prosecution office
to portray IL.
The length and breadth of the ground
the district attorney viii cover las not
been disclosed. lust how far back he
will delye into the history OF the princ!-
pals in the famous case no one bGt Mr..
Jerome knows lie has not related the
,,s ,Ittty ,tiI m, uf,y M.
though 1t has been in,imated authorita-
lively that tire direct evidence OF the
prosecution Will be of the briefest posst-
ble character. dealing only with the In
cidcnts leading up TO the killing and
the story OF the tragedy itself as seen
by eyewitnosscs. One or two witnesses
may he heard as to alleged motive for
The crime. Ii remains for the defense
10 open the way 10 testimony which has
10 do with any relations which may
lave existed between Stanford White
md Evelyn Nesbit prior TO the Staying
of the architect
Thaw's attorneys probably VIII not re
ply to Mr.. Jerome tomorrow. reserving
their opening until the State has finished
,ts case.
Two More Jurors.
Two jurors were added TO the tfial
Yancl to-day, making eleven IN all. IN
ncys exhausted the second special panel
of talcsmen summoned for the trial.
new panel of 100 Was ordered. and Will
he in court Tomorrow. The twelfth
iuror will he chosen from tile new list
Sixty-five talcsmen were examined to-
day breaking all records of the triai.
The highest number on any previous day
was fifty-one. One Juror was secureh
during the morning session and one near
cf+ pf
Harry C. Brearlcy. an advertising agent,
tilirty-Hve years OF age and married, was
the first talesman TO qualify to-day.
He took his place as juror No o. the
chair made vacant by the dropping of
Harold r. Fare from the jury yesterday
afternoon Mr.. Breariey told the attor-
neys for the defense that he had no pre-
judice whatever against plea of in
sanity. and that in judging such plea
nc would be guided by the principle of
allowing the defendant the advantage of
every reasonable doubt.
The afternoon juror, Henry |. Klein
berger. a silk merchant. forty-two years
old and married. said he knew very little
about the subject of insanity. and would
have to be guided by the instructions OF
tho court in arriving at n conclusion on
such plea. lie did not think his judg-
,nent would be unduly swayed by SYM
pathy or emotion.
Insanity the Plea.
The manner in which Thaws attorneys
continued to dwell upon tho subject OF
insanity in their examination Of various
talcsmen seemed to indicate that plea
of temporary insanity, which would be
legal defense, '7ill eventually he tested.
Developing this claim that Thaw was
insane at tho time of the tragedy. the
defendenats attorneys may bring in such
HI, Al, ,ric hn1t
will influence IL, sympathy OF the men
who may have On underlined belief IN the
so-called "unwrrten law"
There is much speculation as to what
course Mr.. Jerome will take if Thaw's
counsel begin to develop their plea OF
temporary insanity.
ITe is prepared to combat their alien
lists. but there is n possibility that he
may bring the proceedings to an abrupt
halt and apply for the appointment of
commission to decide whether or not
the defendant is insane at tile present
time: or he may let the matter be fought
out in omen court, expert for expert In
that event, the trial will drag ont to a
great length.
Mother Not Present.
Neither Mrs William Thaw, the pris-
oner's mother nor his sister. the Countess
of Yarmouth, We're In court to-day. The
day opened stormy after a heavy snowfall.
and as both Mrs, Thaw and the countess
are nursing colds, they decided not to risk
their health to-day by being in court dur
ing the dull process OF selecting Jury.
.Tell tho newspaper men, Thaw, said
to one OF his counsel, "tlat | advised
my mother and both my sisters to stay
Mt home to-day and take care of thenl-s
selves Mrs, Carnegie disobeyed the in-s
y, 7