The Barre daily times. (Barre, Vt.) 1897-1959, 1907-02-01
MAY START
CASE MONDAY
Says One OF 1haW'S Counsel
This Morning
MORE DELAYS NOW ARISE
Frequent Conferences Between Lawyers
for State and Defense and Jerome
Loses Him Temper--Another
Juror May Be Dismissed.

New York, Feb There wis another
conference of counsel for the state and
the defense today before court opened
in the Thaw trial. 1t II understood that
one Of the jurors had protested that
the confinement had endangered his
health and that he was in nervous
condition.
Evelyn Thaw and Miss Mackenzie
came early 70 court despite the inelem.
ent weather. They talked for severaf
minutes with Judge Delmas, one of the
counsel for the defense, aud were told
by him that the state would probably
open its case Monday.
Mrs. Tbaw. senior, was the only mem
Der Of the family not in court this morn
ing The women Of the family still wore
quiet costumes described at much length
by newspaper men since the trial opened.
Harry Thaw wears a serge suit and his
brown ulster has become n figure in the
trial. Proceedings were still further de-
layed this morning by long conference
Of the attorneys with Justice Fitzgerald.
| 1t is practically certain that another iu-
ror win be dropped from the box to-
day.
Jerome Got Mad.
Yesterday afternoons conference evi-
IDENTIFY was one OF some warmth for
when District Attorney Jerome appeared
in the court room he was yisibly flushed
and walked with the determined stride
Il OF thoroughly angry man. He de-
spatched bis assistant Nil Garyan, on an
important errand ana sat down. pulling
lyiciously at ais stubby moustacbe, while
the clerk began TO eall the roll of tales.
men.
When no announcement was made as
to further discharges from the jury pan
I el, it was taken for granted that Mfr.
Iiartridge and the Others of Thaw's conn
sci had won the battle with the states
attorney. The examination OF the first
talesmen called after the conference was
carried on under circumstances that in.
dictated the feeling which existed on
both sides, and once talesman, nearly
so years of age, whom neither side APP
peared to want. came very near to TAX
ling the oath, because Mr.. jerome refused
TO carry on the examination when coun.
eel for defense declined to give imme.
diate consent to the proposed Juror
withdrawal Thaw's attorney also de-
clined to examine the talcsman. and all
challenges for cause had been withdrawn
when Mfr. Jerome, at the last moment
interposed a. peremptory challenge foI
the people.
Mr.. Garyan returned to court after
an absence of forty minutes. and Mr.
Jerome called another conference, which
was held this time AZ the judges desk
There was gestieulation and indication
of lively argument, but again to ne
avail, and the regular proceedings were
resumed.
Toward the end of the afternoon ses.
sion yesterday messenger came from
the district attorneys Office, there was 4
whispered consultation with Justice Fitz,
gerald and the attorneys. and II was an.
Inounced that because Of i'll health juror
No. II, Henry Kleinbetger, a silk mef,
chant, would be relieved from further
service. This action was complete sur.
prise. and evidently had no connection
with the earlier conferences. Mr. Klein
berger's physician had informed the dis.
ltriet attorneys Office Of the danger con
cerning his patients health, and IL was
readily agreed that he should be ex.
cused,
The Juror secured during the Afternoon
yesterday to replace Mr.. kleinberger a
No. III. il Joseph D. Bolton, 81 year.
lof aye, clerk All three Of the juror
chosen yesterday are married men, ant
there is but ore bachelor on the Jury
John S. nennee, No. 10.
The hunt for the twelfth juror to
day was extremely tedious. The ak.
animation was unusually thorough.