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

| HARD TO EMPANEL
(Continsed from First Page.)
attorneys had returned to their seats no
announcement was made - to the result
OF che conference.
Thav Much Interested.
| While the conference was on Thaw en-.
tered. He watched the conferring attorneys
interestedly for time, and then began an
animated conversation with Mr.. Peabody
and Mr. McPike. who sat on either side
Of him. He looked brighter today than
he has on the two previous days. In spite
Of the bad weather. and az he came over
tho Bridge u Stghs and saw the rain and
snow outside he said to the deputy with
him: II hope my mother will not try to
come out today"
1t seems to be the iuvariable- custom
that persons on trial in sensational murder
cases here always receive q token Of good
| luck from some admirer In some part Of
| the country. Thaw got his today in the
AoAh Va = IoDUit y IOOI from b llICl6 negro
girl In the south. Accompanying 1t was q
funny letter. which wished the defendant
good luck in the trial and said that he
could be sure that 1t was the left hind foot
Of rabbit.
Thaw was apparently as much interested
| in the choice Of his final juror as he had
been in that of the other eleven. He was
In almost constant consultation with his
counsel over the talesmen who were ex-
amined and 1t was apparent that he would
not agree to any Of the men who are to
sit In Judgment on him unless each one Of
| them pleased him personally.
The Second Talesman.
1t looked at first as II the twelfth juror
might be obtained from the second tales
man examined in tho morning: He was
Walter G. Gilbert, and he passed through
the preliminary examination of the district
attorney successfully. When. however. it
| came to the inquiries made by Mr.. Hart
| ride 1t developed that he was prejudiced
against certain line of defense. Mr.. Hart
| ridge 1t developed that he was prejudiced
| and Mr.. Jerome said: LAS far as the un-
Outstanding with the counsel for the de-
tense reached yesterday is concerned. the
people are content"
Mr.. Hartridge Immediately stepped up to
Justice Fitzgerald's desk with Mr.. Jerome.
and after short conference the talesman
was excused without any reason being as
signed.
1t was five minutes to eleven before the
first talesman of the day was called. He
was Benno Rosenthal, a tobacco merchant.
He had formed an opinion of the case and
was prejudiced
Lawyer Peabody handed Thaw the usual
assortment Of mall and the young million
atre gave 1t all his attention until he had
read every letter.
Mr.. Rosenthal said 1t would take strong
evidence to overcome the opinion he had
formed. but he would lay both his opinion
and his prejudice aside. He wasn't accept
able to either side, and Walter C. Gilbert.
young man Of good appearance. with .
smooth face and q arm, thin mouth, fol-
lowed. Mr.. Gilberts answers were studied
and short It looked from the start as IL
he might be the twelfth juror. and the eyes
OF every one in the court room were TO-
cused upon him. Thaw himself, however,
went on reading his mail. only lifting his
eyes once in awhile to take a cursory view
of the talesman.
Lived in Arkansas.
Mr.. Gilbert said he had lived In Arkan-
'Ts there any one here who has tried to
ascertain your views as to the guilt or in
nocence of the defendant" asked Mr..
Jerome.
mo. sir, there is not" Mr.. Gilbert made
reply.
The unusual question made Thaw sit
bolt upright.
us there anything that would prevent
you from being fair and impartial jurorr'
was the last question put by Mr.. Jehome.
There is not" said the talesman.
DO you know Paul Bergoff?" was an
other unusual question put by Mr.. Hart
ridge, and to which the talesman replied
In the negative.
Mr.. Bergof is the detective whom Stan
ford White hired to watch Thaw and
Thaw's detectives.
Does the opinion you have formed con-
Germ the guilt or innocence Of the accused?"
Mr.. Hartridge wanted to know.
1T does" was the reply.
During Mr.. Hartridge's examination of
the talesman Thaw whispered constantly to
his counsel
Have you any prejudice against any line
Of defenser" asked Mr.. Hartridge.
Yes. was the unexpected reply. but
1t would have no effect on me II that de-
tense were proven" added Mr.. Gilbert.
How strong Is that prejudice?"
II don't think could tell without telling
what the prejudice is," was the reply Of
the talesman.
Hold O Conference.
While Mr.. Hartridge held a conference
with his associate counsel Gilbert leaned
over and whispered with Justice FitzEerald
The talesman said that while It would be
great hardship to be locked up, 1t
wouldn't influence his verdict.
Mr.. Hartridge then submitted a challenge
for cause which Justice Fitzgerald over
ruled.
80 far as the understanding reached
yesterday with counsel for the defense is
concerned" u Mr.. Jerome. 1.-The people
are content with the talesman."
The remark of Mr.. Jerome was mys-
FERROUS and set those In the court room to
wondering what the understanding alluded
to was about.
Following the remark there WAS a cop