The Washington herald., 1907-01-24

New York, Jan. 23.-When the court ad-
journed late this afternoon. at the end
Of the first day Of the trial Of Harry
Kendall Thaw, for the murder OF Stan
ford White, on the Madison Square
Roof Garden, on the night Of June
/ o. 1896. two Of the twelve jurors had
4 been obtained. They We're Deming b.
Smith. a retired manufacturer OF UNI
/ brellas. who lives al 253 West I1Ith street.
and George H. Fecke, manager Of the
/ Second Cabin Department Of the Cunard
Line, whose home is at 50 West ls5th
street
/ A few moments before court adjourned
/ there were three jurors. The odd man
was Frank p. Hin, baker Of 1891 Sew
.enth avenue. lie was chosen early in the
forenoon, and made no objection until after
Fecke was selected. sThen he told Jus
/ tice Fitzgerald that he had no partner
and no assistants on whom he could rely.
and that If he We're compelled 70 stay
away from his business for two or three
weeks it would infict great hardship
/ upon him. He was therefore excused.
/ both the defense and the prosecution
giving their consent.
/ From the very beginning Of the days
proceedings It became apparent that Dis
/ trict Attorney Jerome. who is conduct
/ ing the case in person. assisted by As
sistant District Attorney Garvan, was
taking every possible means TO forestalI
the anticipated defense Of emotional in
sanity. or the palliation expected to be
offered that the shooting Of Stanford
Z Tr-@ 1EeyF
written law" that is in such case. held
by some person superior 10 the law OF
the land and jusdhes husband in EN-
ploying force to avenge a dishonor in
nicted upon himself through the medium
Of his wife.
TaIesmen Closely Examined
Every taIesman examined by the dis
trict attorney was asked If ne recognized
the fact that the only law to be consld-
/ cred in this case was the law OF the State,
as laid de2n by tte presiding Judge
/ Every one af them had to listen 90 the
reading Of the statute that defines the
/ limitation of acceptable excuses based
upon the plea Of insanity
The presence Of several alienists sum-
mcned as witnesses for the prosecution
~ tAtFA GU klletS4IFQ iiie expectations OK
the district attorney regarding the plea to
-be offered in Thaw's behalf. while every
talesman was questioned regarding his
personal acquaintance with any of the
physicians mentioned IN the case. one of
them being rejected because ne knew Dr.
Carlos +. Macdonald. and had once en-
plOyed him as q physician
. 1t did not need emphasis of several un-
usual occurrences or precautions to call
attention 70 the fact that the trial of
Harry Thaw is for various reasons to
take its place as one Of the celebrated
causes in the history of criminal law in
New York State. But extraordinary do
lngs were to be noted for all that.
Jerome in Personal Charge.
One of the most noteworthy was the
appearance Of Mr.. Jerome, for the first
time since he became district attorney. TO
take fun personal charge Of the prosecu-
tion in murder case. This he did from
the moment Justice Fitzgerald took his
seat upon the bench.
second extraordinary event took place
just before the noon recess. The two
jurors selected had taken their places IN
the head seats reserved for the twelve
men that are to determine Thav's fate.
l.
struct them in theif behavior tie district
attorney and Clifford W Hartridge ana
John ". Gleason, of the defendants
counsel. gathered in front Of the bench for
"a whispered conference with Justice Fitz-
gerald. At its close, the court announced
TO the two jurors that he deemed il wise.
for various reasons. to seclude them and
all future jurors in the case as fast as
they should be chosen
Recalls MoIiueux TriuI.
It was recalled that even the second
MOlneuX jury was not secluded until the
case was given to them. its members be-
ing allowed 70 go to their homes. with the
usual precaution not 10 let any person
talk TO tnem about the trial
For the defense, Clifford W. Hartridge
conducted the examination cf the tales
men. Mr. Gleason occasionally entered
an objection or addressed the court The
other four lawyers for the defense took
scarcely any part in the proceedings.
Harry Thaw himself sat at - end of
the table reserved for his counsel. He
seldom spoke TO his counsel. and thev
said little or nothing TO him. He appeared
TO have nothing TO say about the choice
of jurors. He was pale. but calm. and
gave close attention to the proceedings
Seldom or never since the Criminal
Courts building was erected have Cfiers
been so many evidences that trial WIS
exciting an interest that spread not only
all over this country. but even TO foreign
lands. Not less than 200 newspaper re-
porters tried 10 gain entrance 10 the
courtroom Not more than fifty of them
succeeded the rest Of the none too large
room being reserved for the 200 taIesmen
summoned, for the prisoners counsel and
the members of his family, and for per
sons whose influence with various officials
had procured them passes.
Among the lucky fifty were correspond
ents from all over the United States from
London. from Paris and from Berlin In
ne hall Of the Criminal Courts building
4 telegraph Office had been established
for the sole purpose OF sending out news
paper reports of the trial In addition 10
he writers there were probably a score OF
sketch artists, who drew more or less
'aithful pictures Of the defendant his
'elatives, his counsel. the prosecuting Off
,ials. Justice Fitzgerald and pretty
nearly every other officer in the court
room
Ii had been made known in advance
that few persons could be admitted 10 the
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