The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-01-24
TWO JURORS 50 FAR CHOSEN
FROM THE 200 TALESMEN
Examinations Vary Little by Jerome
and Counsel for Defendant, Who
Never once Looked at His Wife.
Sisters and Others Present.

New York January 23.-The curtain was
rung up today for another act in the
tragedy of real life, known as the Thaw-
White case The setting was not the gay
all-night restaurants of the tenderloin,
where the principal actors in the tragedy
once were familiar figures, but the story
of the play was brought down to the
grim court room where twelve men are To
sit and render judgment which may mean
either the taking of another life this
time by the state, or a determination that
Harry X. Thaw was justified in the
claim that he shot the man who had
ruined his wife"
There may be a third decision, that
Thaw was insane at the time he COM
mitted the crime-"emotlonal insanity,
it was called today. but there will be
no opportunity to say that Thaw is now
insane.
The long-awaited trial began this morn
ing shortly before $50 o'clock, and when
an adjournment for the day had been
taken about this afternoon, there were
two jurors in the box. A third juror
had been accepted and sworn, but he
was excused in the closing moments of
the days session, the reason for the
action being of a private nature, and not
made public
Nineteen TaIismen Examined.
Nineteen of the 200 talesmen who were
summoned were examined before the day
closed. Nearly all of them seemed anxious
to serve and small percentage was
excused for causes. The challenges in
nearly every instance were of a per-
emptory character, and about evenly di-
yided between the prosecution and the
defense The examination of the first
ttalesman called from the large panel
was followed with the keenest interest
as it was thought the line of questioning
by the attorneys for Thaw would de-
velop the character of the defense they
are to set up There was disappointment
in this respect. The defendants counsel
seemed willing to accept any proposed
juror who satisfactorily answered the
questions put by District Attorney Je-
rome, who personally conducted the ex-
aminations The defense peremprorily
challenged two talesmen who gave their
business as architects.
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
Fitzgerald" There was none to say he
would not accept the courts ruling as to
all questions of law.
Insanity as Excuse.
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 laborng under
such a defective reason as not to know
the nature or the quality of the act COM
mtted, or even to know that the act was
wrong.
THAT is the law" declared Mr.. Jerome.
"NoW woul you impart into your con-
clusion any imaginary form of insanity
you might have in mind or that might be
suggested to you, to the exclusion of the
law as 1t will be laid down to you by
the court?"
Again the talesmen said in turn that
they would be guided solely by the court
Thaw's counsel entered objections only
to certain forms of questions pronounced
by Mr.. Jerome along this line. They
declared they had no objection to the
questions in principle.
The usual percentage of talesmen who
declare their conscientious scruples
against capital punishment was missing
today. On the other hand, however,
every talesman examined said he had
formed or expressed an opinion in 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 the ac-
| tual evidence.
The talesmen were asked If they knew
| Thaws friends, or Whites, or any one
| connected with the case. They were asked
| il they were on the Madison Square gar
den roof the night of the tragedy; If they
had friends in Pittsburg. or IL their SYM
pathy or emotions would affect their fair
minded Judgment.
Examinations Very Little.
The examinations by District Attorney
Jerome and by Thaw's counsel varied lit
tie on essential points. The presence of
three noted alienists in the courtroom as
prospective witnesses for the prosecution,
created some comment
Thaw sat during the day at the table
set apart for his counsel AT times he
seemed to take a lively in crest in the
examination of the men summoned to de-
eide his fate. Again he would seem list
less and his eyes, deep set, and hav-
ing something of a stare, roved about
the courtroom. His face was palld,
doubtless due to his seven months con-
fnement In the Tombs. Thaw Is fully
six feet in height and is quite thin. He
wore a dark Dlue sack suit and mad al
ways with him a plaid ulster coat.
Just behind the prisoner sat the several
members of his family gathered here for
the trial. They had arrived before the
prisoner was summoned for the morning
session. and had greeted him with a
smile as he strode past on the way to his
seat.
With his eyes resolutely to the front
Thaw did not see his mother or his wife
until he was almost upon them. Then
his sober face broke into a quick smile
and he bowed graciously.
Mrs. VIM. Thaw, the prisoners mother,
was the first of the family to arrive.
She was dressed In black and wore
heavy black veil, her white hair showing
in striking contrast against the sombre
costume She sat with her eyes fixed upon
her son and spoke but seldom to her
children about her
Countess of Yarmouth.
TIE Countess of Yarmouth. who was
Miss Alice Thaw, followed her mother.