The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-01
STILL ONE SHY.
The Number of Thaw Jurors
Stood at Eleven
After l3 Additional Talesmen
Had Been Examined.
DEFENSE'S CHALLENGE
Twice Prevented Completion of
the Panel at Early Session.
RumOrs of More Wedding Out
Continue to Float About.

Sion of the Thaw trial ended today
without the selection of a man to COM
plete the II needed to try the case.
Thirteen talesmen were examined the
defense twice interposing peremptory
challenges when it seemed that the
trial jury was about to be completed.
Rumors that another juror, or possi-
bly, two more, may be excused from
further service were again in circula-
ton today and when Justice Fitzgerald
set the hour for the afternoon session
to 2:3O at the request of District Attor-
ney Jerome it was generally understood
that there was to be a further consul
tation between counsel as to the ad-
visibility of again wedding the trial
panel.
All hope that the taking of testimony
can be reached before next week has
been abandoned. The court will not sit
tomorrow.
Thaw's counsel continued today to
ply the talesmen with questions as to
what consideration they would give to
a plea of insanity. During this part of
examination the defendant seldom
looked at the talesmen but kept his
glance on the table before him
All the witnesses of the prosecution
were in the offices of the district attor-
ney this morning with some few excep-
tions. They were resubpoenaed for
Monday and ordered to leave the court
building without delay.
The Days Proceedings.
New York. Feb. There was more
or less of an air of uncertainty in the
court room today as the hour for re-
suming the Thaw trial approached.
The reports which had held from yes
terday to the effect that there might
be a futher wedding of the jury were
again in circulation as the eleven men
now on the trial panel fled in to take
their places in the jury box
The court room was crowded with
talesmen. the new fourth panel Of 100
having reported and about go remain
ing of the panel which reported yes
terday. Some of the talesmen found
their way into the seats reserved for
the ThaW family, but they were routed
out when Evelyn Nesbit Thaw and
May Mckenzie arrived shortly before
1890. There was no indication on
the surface of any further upheavals
Justice Fitzgerald took his place
and the clerk began to call the roll of
the new jury panel.
The Countess of Yarmouth, Mrs.
George Lauder Carnegie, Josiah Thaw,
and Mr.. Carnegie arrived during the
roll call. Mrs William Thaw, mother
of Harry, remained indoors today be-
cause of the inclement weather.
Before any talesmen were called to
the stand, District Attorney Jerome,
Mr.. Hartridge and Justice Fitzgerald
had an earnest consultation at the
judges desk but 1t was apparently
fruitlesS, as no announcement of re-
suit was forthcoming.
With one vacant seat in the jury box
this morning the defense had II per-
emptory challenges left under the dis
pensation of yesterday by which 1e
additional challenges of this character
1)rr- i L, - l. ",
ton had 20 challenges at command.
First Talesman Drawn.
Benno Rosenwater, a tobacco deal
er the first talesman drawn today, was
questioned at some length before he
finally admitted having an opinion too
strong to be easily moved by the evil
dence.
Thaw's array of counsel was COM
pIete today. Mr.. Delmas. who ap-
peared yesterday afternoon for the
first time after an illness of several
days. being again in his place.
Since the artists were banished from
the court room. the Countess of Var
mouth and Mrs. Carnegie removed
their wells soon after they took their
seats. Mrs Harry Thaw, however. mas
not once lifted her Veil.
It appeared for time as though the
second talesman might prove to be
the twelfth juror. He was Walter c.
Gilbert. Mr.. Gilbert passed through
the jury requirem ents laid down by
Mr.. Jerome. who announced that tho
people were content. To Thaw's
counsel Gilbert, however, admitted it
would take a weight of evidence to re-
move a previously formed opinion. He
said further that he might havc a feel
ing of prejudice against certain lines
of defense.
When Mr.. Jerome again took him
in hand, the talesman declared that in
spite of his opinion and prejudice he
could decide the case on the evidence
adduced at the trial. and nothing else.
The challenge for cause entered by
Thaw's counsel was overruled by Jus
tice Fitzgerald, who supplemented his
decision by a nod calling the lawyers
to his desk. AS a quick result of the
conference Mr.. Gilbert was excused by
consent.
Challenge by Defense.
Shortly before noon the defense pre-
vented the completion of the jury by
peremptorily challenging Charles
Rauchfuss. real estate dealer. whom
Justice Fitzgerald had held to be COM
petent. The talesmaan had an opin-
ion. however, and this fact did not
seem to please Thaw's lawyers. Mr..
Rauchfuss also stated that he had
served before in capital cases.
During the examination of this
talesman, Mr. Gleason. of the defense,
again brought in questions tending to
show that plea of insanity would be
the main stay OF the defendant He
asked Rauchfuss if he would give the
defendant the same benefit of reason
able doubt on an insanity plea as he
would with any other form of defense.
He declared he would After a con-
sultatfon of Thaw's attorneys and af-
ter Mr. Jerome had declared the peo-
ME were content the defense inter-