Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-01

prosecution must prove beyond q reasonable
doubt that the defendant was sane at the
time of the act. would you receive this
charger
Mr. Jerome Sustained.
Mr.. Jerome Immediately objected to the
question and was sustained. but the de-
PENDANTS attorney had established beyond
a reasonable doubt" what the line Of de-
Tense is to be.
Mr.. Jerome introduced into his examna-
ton today inquiries as to whether the
talesmen had been approached since they
had been drawn on the panel, This line Of
questioning developed on the examination
of the second talesman.
Has any one approached you since you
were called on this panel and tried to as
certain your opinion on the case?'
When this question was asked Thaw
had been reading and gazed fixedly at the
district attorney. The talesman had not
been approached, he said.
The same talesman had question asked
of him by Mr.. Gleason which has not been
asked before. Walter C. Gilbert, the tales
man, had said that he knew Detective
Price of the district attorneys Office.
You don't know Paul Bergoff, do you?"
asked Mr.. Hartridge. Paul Bergoff was
the detective who was said to have fol-
lowed Thaw's sleuths when they were
tracking White after Thaw first became at
tracted to Evelyn Nesbit. The witness did
not know him. This is the second time
that the names of the detectives in the
case have entered into the questioning.
A few days ago Mr.. Jerome asked tales
man if he knew Roger OMara, the Pitts
burg detective who was Thaw's guardian
angel for so many years.
Except for his mother, all the members Of
Thaw's family were in court this morning.
They seem to be getting used to the court
atmosphere and are becoming more accus-
toned to be stared at. They took an active
juror today, and seemed to enjoy the Incl
dents which went to relieve the usual mo-
notony.
Feeling Of Uncertainty.
There was feeling of uncertainty when
the trial Of Harry K. Thaw opened this
morning as to the time when the jury
would finally be completed.
The excusing Of three Of the jurors al
ready chosen yesterday shows how insecure
the tenure of their seats is, and after Mr..
had been excused in the after
noon there was q persistent rumor that still
another juror was to go. 1t was said that
his dismissal might not occur until after
twelve men had been seated in the box.
Both the district attorneys office and
Thaw's lawyers send their detectives around
to examine closely, 1t is said, the lives Of
the jurymen who have been chosen, and if
any reason at all appears why the Juror is
not satisfactory to either side movement
is started to get him excused from service.
There has probably never been jury in
criminal case chosen with more care than
the one which will sit in. judgment on
see that 1t is absolutely satisfactory to both
sides. When this mornings session opened
1t was hoped that the day would yield up
the one necessary man, but because of ru-
mors of more excuses this was more Of a
hope than an expectation.
A New Panel.
The new panel of one hundred more men
appeared in court this morning. This makes
6va hundred mon cur,ynopad to oourt 3,, ar
der that twelve satisfactory ones may be
chosen.
The new panel was on hand early today
These talesmen realized that most Of them
have a short day in court and will get no
other chance to see the principals of the
case concerning which they have read and
heard so much about, and this morning
there was a rush to get the seats which
furnished the best views of those who I'M
willingly are the principal actors in what
seems to be considered a public spectacle
Some of the anxious talesmen went to the
front of the court room and took the seats
reserved for Thaws relatives and had to be
put out by the court officers before they
would move to less desirable seats. In ap-
pearance at least the new panel did not
come up to the quality of the other three.
Evelyn Thaw and her friend, Mae McKen-
zie returned this morning to their former
custom of early arrival. They came fully
five minutes before the time for court to
open. alone except for the lunch baskets
with which they were burdened. Soon after
their arrival Dolphin Michael Delmas came
In through the side door of the court ROOM
leaned over the rail behind which they sat-
and gave them each a handshake and one
of his rare smiles. Later, he sat down
and had a long and animated conversation
with Mrs. Thaw.
The Countess of Yarmouth Mrs. Carnegie
and Josiah and Edward Thaw arrived a
short time later.
Mrs. William Thaw Not Present.
Mrs William Thaw was not in court to-
day because of the inclemency of the
weather. Mrs. Carnegie sat next to Mrs.
Harry Thaw, an. entered into A,r usual
morning conversation with her sister-in-
law The Countess of Yarmouth took the
seat usually occupied by Mrs. william
Thaw. She bowed to Mrs. Harry 4 Jaw and
Mae Mckenzie, and sat down to watch the