Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-01-24
THAW'S TRIAL BEGINS
Nineteen Talesmen Examined During Day,
but Only Two Are Accepted.
LINE OF DEFENSE NOT DISCLOSED
Attorneys seem Inclined TO Accept
Men satisfactory 20 Prosecution
and Make hut Two Per-
emptOry Challenges.

NEW YORK. Jan. 23-The long-awaited
trial of Harry Kendall Thaw for the muir
der of Stanford White began here today
before Justice Fitzgerald. Two jurors were
secured as result OF the days work. Out
Of the 200 talesmen, nineteen were exam
ined. Three successfully passed the rapid
fire questions, but one was afterwards ex-
cused by the court after making some pri-
vate representations concerning his BUSH
ness.
At 1890 o'clock tomorrow morning the
court will resume the work of choosing a
jury which shall pass on the justice Of
Thaw's claim that he had a right to shoot
the man who had ruined his wife,
Nearly all the talesmen examined seeaed
anxious to serve and the challenges were in
nearly every instance of a peremptory char
acter. evenly divided between the prosecu-
ton and the defense.
Plan of Defense Not Disclosed.
The examination of the first talesman
was followed with the keenest interest, as
it was thought the line of questioning by
the attorneys for Thaw would develop the
character of the defense they are to set up.
There was disappointment in this respect.
The defendants counsel seemed willing to
accept any proposed Juror who satisfac
torily answered the questions put by Dis
trict Attorney Jerome, who personally con-
Quoted the examinations. The defense per-
emptorily challenged two talesmen, how
ever, who gave their business as archi-
tects.
Mr. Jerome asked each talesmen in turn
II he would be influenced by the so-called
higher or unwritten law to the exclusion
of the actual laws of the state as they
= "a
There was none to say he would not accept
the courts ruling on all questions of law.
On the question of insanity as an excuse
for crime, Mr.. Jerome explained to eacn
talesman that the law excused only those
persons who were laboring under such a
defective reason as not to know the nature
or the quality of the act committed or
even to know the act was wrong.
The talesmen said that in this, too, they
would be guided solely by the court.
The usual percentage Of talesmen who de.
clare their conscientious scruples against
capital punishment was missing today. On
the other hand, every talesman examined
said he had formed or expressed an opinion
in the case. All admitted, however, that
| their opinions were based upon newspaper
reports and these had been so conflicting
from time TO time to make their opin-
ions susceptible of change by actual evil
| dence.
Three AIienists Present.
The talesmen were asked If they knew
Thaw's friends, or Whites, or anyone con-
nected with the case. They were asked
whether they were on the Madison Square
roof garden the night of the tragedy, if
they had friends In Pittsburg or If their
sympathy or emotions would affect their
fair-minded judgment. The presence of
three noted alenists in the court room as
prospective witnesses for the prosecution
created some comment.
| Thaw sat during the day at the table set
apart for his counsel At times he seemed
TO take lively interest in the examination
of the men summoned to decide his fate.
Again he would seem listless, and his eyes
| deepset and having something of a stare,
roved about the court room. His face was
pallid doubtless due to his seven months
confinement in the Tombs
Prisoners Family Present.
Just behind the prisoner sat the several
members Of his family. They greeted the
prisoner with a smile as he strobe past
on the way TO his seat. Thaw bowed to
them graciously.
Mrs. William Thaw. the prisoner
mother, was dressed in black and wore a
! heavy black veil. Mrs. Evelyn Nesbit
Thaw, around whom the storm of the great
trial will rage. appeared with May Nc
Kenzie. the actress, who has been her sole
companion since the night of the tragedy
when the artists model wife of Stanford
Whites slayer fed to Miss McKenzie's
apartment. The younger Mrs. Thaw- was
dressed in dark blue and wore plain
dark hat which was almost entirely COW
| cred by a white tule veil.
Aside from the members of the family
there were only four women in the court
and these were newspaper writer's. The
attendance today was confined to news
paper people and jury talesmen.
The two Jurors selected were turned
| over to a bailiff who will have them in
charge until the end of the trial. They
are Deming B. Smith, a retired manufac-
turer of umbrellas. and Charles II. Fecke
an employing teamster.
There will be two daily sessions of the