The daily morning journal and courier., 1907-02-02

would vote 10 convict III a capltdl cdSe'
 The district attorney challenged the l juror for cause, declaring he was in- clined to be more exacting than the l law
 l Thaw's attorneys were not content to let the talesman go and on cross-exanl- ination they brought his answers with l in the legal requirements, MT. Gerst- man replying to MT. Hartridge that he meant by doubt any doubt that a reasonable man might entertain. Jus tice Fitzgerald held this to be a com- petent answer and overruled District Attorney Jeromes challenge.
 "The people are content" announced AIr. Jerome.
 This was a complete surprise for it was the impression in the court room that a peremptory challenge would be I interposed by the prosecution. The de- dense had no challenge and the juror was sworn. Thaw smiled in evident satisfaction, he and his wife exchang- ing satisfied glances. It required eight days to complete the Thaw jury, which Is composed as follows:
 Foreman, Deming B. Smith, aged ffty-fve, retired manufacturers mar ried; No. 2, George Pfaff, thirty-four, hardware, married; No. 3, Charles H. Fecke, forty-five, shipping agent, mar ried No 4, Oscar A. Pink, forty-six, salesman. married; No. 5, Henry C.. Harney, fifty, pianos, married; No. 6, Harry c. Brearley, thirty-tive, adver- Using agent, married; No. T. Malcolm $. Frazer forty, salesman, married; No. 8, Charles D. Newton, sixty-fve, retired railroad official, married; No. 9, Wilbur $. Steele, sixty, manufacturer, married; No 10, John $. Dennee, thirty eight, railway freight agent, unmar- ried; No Il, Joseph B. Bolton, fifty seven, clerk, married; No. 12, Bernard Gerstman, thirty-six, manufacturer s agent, married.
 Rumors were in circulation through out the day that one. and possibly two more jurors were to be excused from further service and added to the list of those who have been examined and sworn only to be subsequently, releas- ed, in some cases without explanation. There were several conferences of the attorneys and it was stated that Thaw's counsel positively refused to consent to any further removals. The days events bore out this statement. At the noon recess MT. Jerome made another unsuccessful effort to gain his end, but the work of selecting the last juror went tiresomely ahead.
 J Until the excitement attending the completion of the panel arose late in the afternoon there had been but one incident of note in the court room. This was a sensational move by Assist ant District Attorney Garyan, who again to-day continued to inquire of the talesmen if they had been ap- preached or spoken to about the case in any way since being summoned as possible jurors One of the talesmen at the afternoon session admitted that he had spoken with several persons who sat near him in the court room. He was not personally acquainted with them.
 Roger oMara, stand up." shouted MT. Garyan.
 Then, for the first time since the trial began, the presence in court of the Pittsburg detective, who has been em- lployed by the Thaw family to gather levidence for the defendant was reveal ed He arrived in the city Wednesday. but came to court this afternoon on kis initial visit O'Mara was seated behind a railing just to the right of May Mac Kenzie, who sits at the far end of the second row of chairs assigned to the Thaw family
 OMara, tall ruddy of face and with a short sandy moustaehe, promptly arose and faced the talesman.
 "Is that the man you spoke with?" MT, Garvan asked dramatically.
 Tt is not" the talesman replied. T never saw him before in my life"
 Thaws counsel protested, and then in retaliation, MT. Htrtridge when he took the talesman in hand requested County Detective Hammond, of the dis trict attorneys staff, to stand and face the man under examination.
 ''Is that the man who spoke to you?" he inquired.
 The witness said it was not, and fur ther declared that he had only conf mented with some of his neighbors in the court in a general way. He was completely surprised at the turn the examination took. MT. Hartrldge's ac- ton made the whole affair seem hu- morous, and when the talesman called the attorneys close to the stand and whispered the gist of the conversations he had, everybody concerned, including ITustice Fitzgerald laupbed heartil,y