The Norfolk weekly news-journal., 1907-02-01
EXCUSE TWO MORE JURORS
UNEXPECTED DISMISSAL FROM
THAW TRIAL.
2 MORE FOUND. II IN BOX NOW

Trial Beginning Met When Jurors
Walker and Haus Were Notified to
Go by Judge Fitzgerald.
New York, Jan. Slater a confer.
ence between Justice Fitzgerald, Dis.
trict Attorney Jerome and Harry
Thaw's counsel, two more jurors were
today excused from serving in the
murder trial.
They were Jurors Walker ind Haus,
who had been the fourth and ninth
jurors chosen.
This left nine men in the box.
Oscar A. Pink and Wilbur F.. Eteel
were later in the day selected as tenth
and eleventh Jurors.
New York, Jan. 3l.--There was but
4 single vacant chair in the Thaw jury
box when court opened this morning
and 1t is expected that this afternoon
District Attorney Jerome will begin
his opening address to completed
fury. 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 the roof garden
tragedy. told in all its dramatic detail
and as impressively as lies within the
power of the prosecuting officer to por.
tray 1t. 1t has been intimated that
the direct evidence Of the prosecu-
ton will be OF the brefest possible
character. dealing only with the incl
dents leading up to the killing and
the story of the tragedy itself as seen
by eye-witnesses. One or two wit
nesses may be heard as to the alleged
motive OF the crime. 1t remains for
the defense to open the way to testi.
mony which has to do with any rela-
lions which may have existed between
Stanford White and Evelyn Nesbit
prior to the Staying of the architect.
A new panel of 100 talesmen was In
court this morning. The twelfth juror
will be chosen from the new list and
should be in the box before recess:
Harry c. Brearley, an advertising
agent, was the first talesman to quail,
ify. Mr. Brearley told the attorneys
for the defense that he had no preju.
dice whatsoever AGAINST plea of in.
sanity 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 otrr juror. Henry |. Klein
berger, a silk merchant. said he knew
very little about the subject of insan-
ity and would have to be guided by
the instructions Of the court in arriv-
ing at a conclusion on such plea.
The manner in which Thaw's attor-
neys continue to dwell on the subject
of insanity in their examination OF
various talesmen seemed to indicate
that a plea OF temporary insanity.
which woull be a legal defense, will
eventually be entered. In developing
this claim that Thaw was insane at
the time of the tragedy, the defend
ants attorneys may bring in such de-
tails as they and the prisoner believe
will influence the sympathy of the
men who may have an underlined be-
lief in the so-called "unwritten law"
There is much speculation as to
what course Mr.. Jerome will pursue
| II Thaw's counsel begin to develop
their plea of temporary insanity He
is prepared to combat their alienists,
but there is a possibility that he NAV
bring the proceedings TO an abrupt
halt and apply for the appointment OF
commission to decide whether or not
the defendant is insane at the present
| time. Or he may let the matter be
! fought out in open court, expert for
expert. In that event the trial will
+ drag out to a great length.