Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-01-25
Sixth Man Who is to Try Thaw
For Murder Of Stanford
White Selected.
MAN NAMED NESBIT EXCUSED.
Those Thus Far Chosen Are Said TO be
Above the Average in In
telligence.

making six IN all, was added today to
the panel which is to try Harry X.
Thaw upon the charge OF murder in the
first degree. He was selected near the
close of the morning session. His
name is Harold l.. Fair, a printer. He
is the first unmarried man to be Sc
lected, and is about 2s years OF age.
Most Of the talesmen excused from
service today had formed such decided
opinions as 10 disqualify them.
There was but one peremptory chal
lenge and this was by Mr.. Jerome in
excusing q talesman named Charles H.
Nesbit. The similarity in name TO Har-
ry *. Thaw's wife. caused the eSamina-
ton of the talesman to be followed
with much interest until he apparent
~ was about to be accepted, when Mr..
Jerome challenged him,
THAW's MOTHER PRESENT.
There were five men In the jury box
today when the trial of Harry X. Thaw
for the killing of Stanford White waS
resumed before Justice Fitzgerald. Mrs.
William Thaw, mother of the defend
ant, was present at the opening of the
morning session. having fully recovered
from the indisposition which kept her
indoors yesterday. She was accom-
panied by her daughter, Mrs. George
L. Carnegie the two having been pre-
coded some minutes by Mrs. Evelyn
Nesbt Thaw and May Mckenzie. The
prisoners wife still wore the plain
dark blue suit that she had appeared I'm
on every day of the trial. Today she
had discarded her white veil for one
Of blue chiffon. The effect was TO
bring out more distinctly the features
of her face, which appeared unusually
pale. The elder Mrs. Thaw was In
conventional black.
The Countess of Yarmouth did not
attend the trial today owing to a slight
cold. Edward and Josiah Thaw were
early in their seats.
The five jurors selected during the
first two days of the trial appeared to
men above the average in intellect. All
seem to be In prosperous circumstances.
Two are just above 80 years Of age.
George Pfaff, a hardware dealer, is the
youngest. probably not more than "a.
Charles II. Fecke, the shipping agent,
is possibly 4c and Arthur s. Campbell,
superintendent of telephone construc-
ton, Is not more than two years older.
The other two jurors, Deming b. Smith,
a retired manufactures, the foreman,
anu l1tIiy - IldiHSSt iiiaiH6~A ~ "a
plano concern.
When the elder Mrs. Thaw came int
court she seemed oblivious OF the pres
ence OF the prisoners wife In the next
seat TO her own. The latter assisted
her mother-in-law, however, In remov-
ing her fur-lined cloak.
THAw ENTERS.
When the elder Mrs. Thaw came into
room his family's attention was dis
tracted by the arraignment OF de-
PENDANT in another case. ThaW noticed
this, and as he passed his mothers
chair he reached over with one hand
and grasped both OF hers. She looked
up quickly and answered her sons
smile.
Mrs. Harry Thaw gave her husband
an earnest look of greeting and dur
ing the examination OF talesmen she
assumed her customary attitude, lean
ing well forward in her seat eager to
catch every answer 10 questions put
either by the district attorney or by
counsel for the defendant.
Counsel for Thaw were informed
today that Henry c. Harvey, the fifth
Juror. has acted as a juror in the case
of which Edward pekarz was convict
ed OF murder in the first degree. Pc
karz's plea was insanity, and SeVerel
alienists testified that he was mental-
ly unbalanced when he murdered
woman from whom he rented rooms.
The verdict was guilty and Pekarz was
sentenced TO death.
Daniel O'Reilly Of counsel for Thaw,
was quoted as saying today concern
ing Juror Harvey:
I'VE went upon the assumption that
man who has voted 10 put a man
TO death on one occasion VIII never
vote for the execution of second
man. We wanted him upon the jury.
Mr. Harney's jury said the man was
sane, but il was proven before GOV.
Higgins that he was insane, and the
governor saved him."
FIRST TALEsMAN.
The FIRST talesman today was Walter
NJ. Jackson, a real estate broker, who
was excused on n challenge by the
people. when he declared that he
entertained certain pre1udices which
might make him a partial juror,
Ashley G. Jennings was examined
in detail and II seemed rs though he
might be accepted as the sixth juror.
but at the last moment he spoke pri-
vatcly with Justice Fitzgerald, and he
was excused by consent.
Charles A. Fuller. Charles D. Hal
sey. Charles NJ, Levy and Horace II.
Smith had such decided opinions that |
they believed they could not be moved |
UN llAN NNlbNAN' 'f'H N-fNNN~
by consent.
James NJ. Ketcham. tho next tales
man caused something of stir by |
some Of his answers, Asked II he had |
any scruples against capital punish |
mont, he said:
~ have not. but do object TO the
application Of electricity as a means |
OF carrying out such penalty"
DIDN'T KNOW WHITE.
There was decided murmur
throughout the court room when Law
yer Hartridge asked the talesman II |
he knew stanford White and nc re- |
piled.
~ am pleased 10 say l did not"
A bailm had 70 rap for order
Ketcham said he had a pretty de-
cided opinion but he thought he could
lay II aside In the face OF the evidence,
There was a lively argument between
Mr.. Jerome and Mr.. Hartridge az 10 the
extent and effect OF the talesman opin-
ion, and this led TO tho frat Incident
n clash between counsel.
Mr.. Jerome was speaking when Mr..
Hartridge arose ard was about 20 In
terrupt Jerome turned on the young
attorney and said with show OF lrri-
tationi
"will you allow me to fnish my ar
gument?'
Mr., Hartrldse sat down without a re-
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