The San Francisco call., 1907-01-26

bit of courtroom furniture or one o.
the formidable looking law books ina
Delmas dips into for entertaining Ieao-
ing No one OF the seven jurors already
selected saw this movement, out sew
aral ralesmen. any or all OF whom may
become Jurors noted this evidence OF
slight regard for Evelyn NesDlt nav
by Harry Thaw and commented upon IL
variously.
Wise old criminal lawyers are careful
10 see that things OF this sort 90 nol
occur in a trial where so much is az
stake. An incident such as TINS may
be too trifing 10 call for comment OF
II may have so much weight as to de-
stroy the perfect balance between JUS
tice and prejudice that exists in the
mind OF the best qualified juror.
WILL ASK FOR DIVORCE
From an excellent source 81 is learn
ed that should Harry Thaw be declared
innocent and set at liberty the concluo-
ing chapter Of the affair viii parallel
in all respects that OF the MolineuN
case That Evelyn Nesbit Thaw win
amply for a divorce from Harry Thaw
as soon as the present trial Is over,
whether he be declared innocent or
guilty. is fairly well understood.
Fifty-one talesmen were examined
fn rapid order in the effort TO com
plete the jury which is TO try Harry
X. Thaw for the murder OF Stanford
White and at the end OF the days ses-
sion two names had been added 70
the Jury roll. making seven In al.
One hundred and one tslesmen have
been examined thus far.
That there is Increasing difficulty In
finding men who are willing or com
petent TO serve was evidenced by the
fact that on the first day OF the trial
two jurors We're sworn from among
- . FeHrr 20
excused subsequently by the court. on
the second day three Jurors were Sc
cured from among thirty-One tales
men, while today IL required the win
moving OF more than one fourth OF
the entire special panel Of zoo men
10 secure two members Of the neces-
sary twelve
one Of the new Jurors is Harold r.
Faire. 8 printer and publisher.
The second new juror is Malcom S.
Frazer a dealer IN underwear.
The panel as 1T grows impresses the
followers Of the case more and more
favOrably.
EXCUSES ARE VARIED
Excuses framed by the talesmen to
avoid jury duty in the case are grow
ing more varied each day. Man after
man declared today that his opinion as
10 the guilt or innocence of the ac-
OF no change by reason Of any testi-
mony that might be adduced. District
Attorney Jerome tried to convince the
talesmen that newspaper stories were
not the same as sworn testimony be-
fore a court. but his efforts were gen
orally unsuccessful and challenges for
cause were sustained by the court.
only three talesmen were peremp-
torlly rejected. The State challenged
a talesman named Nesbit. who stated
that he was ia no way related to Mrs.
Evelyn Nesbit Thaw, wife OF the de-
fendant
The defense used two peremptory
challenges, one TO relieve from duty
Harris NJ Fletcher, who declared that
while he could carry an opinion into
the jury box he was sure he could lay
ID aside upon hearing the evidence and
render fair and impartial verdict
The defense challenged Fletcher in
their own right only after Justice Fitz-
gerald had overruled a challenge for
cause. The second peremptory chal-
ienge by the defense was directed
against S. n. Levy, a tobacco dealer.
Harry ThaW seemed much more ac-
custOmed 10 his surroundings today
and FOR the first time gazed interest
edly at the crowd sn the courtroom
which was limited. however, TO tales
men and newspaper writers. ThaW
seemed especially interested in the re-
porters' tables, and tried once TO read
the large-typed account OF his trial
in a paper one Of the writers was
scanning He seemed TO have a much
better color today although his wife
was paler.
ELECTRICAL SUPPLY MAN
Bits OF color were thrown into the
tedious proceedings by talesman
named Ketcham. who said he was con-
end supplemented this with the dec
laratiOn that while he was not opposed
10 capital punishment IN 1rst-degree
murder cases, he was opposed to the
use OF electricity ia that connection.
Ketcham was asked whether he knew
Stanford White and replied:
Il am glad TO say ] did not"
There viii be no session tomorrow.
the court adjOurning late today until
Monday morning In the meantime the
seven jurors viii be in the custody OF
bailins.
-Four talesmen were quickly excused
when the afternoon examinations were
begun. One had a sick wife, and three
in succession declared they had known
Stanford White.
Another talesman was rejected be-
cause OF bias and still another avoided
service through the declaration that he
had only recently recovered from a Sc
we're Illness.
Martin l. Ford. a life insurance agent
was under examination for nearly half
an hour. He felt that the long confine-
ment OF Jury duty would seriously in
terfere with his business, his income
being dependent on commissions. Dis
trict Attorney Jerome clung tenacious
~ TO the talesman and piled him with
many questions. Thaws counsel finally
interpOsed an objection to the District
Attorneys repetition OF so many in
ouiries and this practically ended tho
examination Judge Fitzgerald ordered
the talesman excused for cause.
LITTLE SUCCESS IN QUEST
Harris A. Fletcher said he was presi-
dent OF an electrical supply company,
but did not share the aversion ex-
pressed by Talesman Ketcham against
the use Of electricity IN inhicting the
death penalty. He would go into the
Jury box with a Well-defined opinion,
but could render an impartial verdict.
Thaw's counsel challenged for cause.
Justice Fitzgerald Overruled the chal-
ienge Whereupon Hartridge took an
exception and entered a peremptory
challenge.
Four succeeding talesmen were ex-
rueeG bv consent without examination,