The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1907-01-24

has the exclusive use Of two wires. A
paper published in Pittsburg, Thaw's
former home, has a direct telephone
wire from the courthouse 10 its ONCE
Two jurors were secured as result
OF the days work. Out Of the 200 tales
men nineteen were examined. Three
successfully passed the rapid-fire ques-
lions Of the opposing counsel but one
was afterward excused by the court
after making some private representa-
tions concerning his business.
Al 1890 o'clock tomorrow morning
the court viii resume the work OF
choosing a jury which shall pass on
the justice OF Thaw's claim that he had
the right TO shoot the man who had
ruined his wife"
Nearly all the talesmen examined
seemed anxious TO serve. and the chal-
lenges were in nearly every instance
OF a peremptOry character, nearly
evenly divided between the prosecu-
ton and the defense.
The examination Of the first tales
man was followed with interest. as Il
was thought that the line Of question
ing by the attorneys for Thaw would
develop the character Of defense they
are TO set up There was disappoint-
ment in this respect. The defendants
counsel seemed willing TO accept any
.
swered the questions put By District
Attorney Jerome, who personally con-
Quoted the examination. The defense
peremptoriiy challenged two talesmen.
however, who gave their business as
architects
UNWRITTEN LAW
Mr.. Jerome asked each talesman 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 would be laid down by
Justice Fitzgerald. There was none TO
say he would not accept the court S
ruling on all questions OF law.
on the question OF insanity as an ex-
cuse for crime Mr.. Jerome explained TO
each talesman that the law excused
only those persons who were laboring
under such 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
courts order.
The usual percentage of talesmen
who declare their conscientious scru-
pies against capital punishment was
missing today. On the other hand.
every talesmsn examined said he had
formed or expressed an opinion on the
case. All admitted, however. that their
opinions were based on newspaper re-
ports, and these had been so conflicting
from time TO time as to make their
opinions susceptible OF change by
actual evidence
The talesmen were asked il they
knew Thaw's friends or Whites. or
any one connected with the case. They
were asked whether they were on the
Madison Square roof garden the night
OF the tragedy. IL they had friends in
Pittsburg. or II their sympathy or emo
lions would affect their fair-minded
judgment.
The presence Of three noted alienists
as prospective witnesses for the pros
ecution created some comment
Thaw sat during the day at the
table set apart for his counsel. At
times he seemed 10 take interest in
the examination OF the men summoned
30 decide his fate.
Again he would seem listless and
his eyes, deep set aud having some
thing Of a stare. rOved about the
courtroom. His face was pallid, doubt
less due to his seven months confine-
ment in the Tombs.
Just behind the prisoner sat the
several members Of the family. They
greeted the prisoner with a smile as
he STROBE pest on the way to his seat
Thaw bowed to them gracefully.
Mrs william Thaw, the prisoner
mother, was dressed in black and
wore heavy black veil her white
hair showing in striking contrast
against the sounber costume. She sal
with her eyes fixed on her son. and sci.
dom spoke to her children about her.
COUNTESS A SPECTATOR
The Countess OF Yarmouth, who was
Miss Alice Thaw. followed her mother
Her gown was OF brown. cut with coal
effect. There was a murmur in ths
courtroom as the spectators noted tho
striking resen blance between the
Countess and the prisoner
Mrs. George Louder Carnegie. anoth.
er sister of the defendant, came in
with the Countess
Mrs Evelyn Nesbit Thaw, around