The Montgomery advertiser., 1907-01-25
Men Who Will Defer
 mine Thaw's Fate.
MOTHER WAS NOT IN COURT
Fifty Talesmen Have Been Already
 Examined.
Line of Defense Has Not Been Inaf- cated By Lawyers for yoang Millionaire - Excuses By
 Men Drawn.

New York, Jan. 2A--After trying in vain for more than four hours of thst morning and afternoon sessions to se- cure an additional juror to try Harry K. Thaw for killing Stanford White and just when counsel and spectatorz and even the defendant himself were drowsy from the monotony of the pro- ceedings. there came Q sudden change in the tide and within the last thrsu quarters of an hour three new JnroraI were accepted and sworn in- When court adjourned for the day five turors had been accepted.
 Twenty-thee talesmen had been ex~s amined without success when the un expected happened and two talssmen in succession proved acceptable to both District Attorney Jerome and the de~s fendants attorneys. Then followed the drawing of five more talesmen whot wero excused. Henry c. HarneT a plano dealer. about 55 years of age, was the thirty-first talesman to be called and as he had never formed an opinion in the case and had read but little about 1t In the papers, he was quickly accepted.
 The other jurors chosen today were George PfafL 34 years of age. deal CT fla machinists supplies. and ArthuK s. Campbell, 42 years of age, super intendent of telegraph and telephone construction. The two jurors seieeteo the first day of the trial were DaFninK B. smith, retired manufacturers. who will serve as foreman and Charles II. Focke. a shipping agent Each i4 married and has a family.
 solection fa Teafous.
 The tedious manner Of the selection of the jurors proceeded today ana makes it difiicult to predict just when the trial panel of twelve will be nna1> ly filled. The order of the court that the jury must be kept together under the care of baiiiffs, had the appayent effect of making many of the talesfnea-' reluctant to serve. various excuses were offered today, one man dariarinf that to bs locked up for two months would so wrack his nerves as to make q calm consideration of the ease an irlse possibility He was excused
 The nineteen talesmsn examined yNR@ terday. and the thirty-one today. brings the total thus far called up to fifty. N the ratio continues. it will fequire two or three days to complete the jHFY There was feeling after the adtourit-
 
 would try to facilitate matters as much as possible Of the thirty peremptorg challenges. each allowed me prosecas ton and the defence, the former used eight and the latter six. The defens& today seemed willing to accept any taIesmen who made reasonable answers to the questions propounded by the diss trict attorney.
 The fact that Thaws attorneys asks ed several of the taiesmen if they had any prejudice against any particular line or character of defense. waA taken by many to indicate that the defense may be either tho socailed ''unwrttten law or emotional inaani- ty or combination of both.
 Mrs. William Thaw. mother of the defendant, was not in court today. She was greatly fatigued by the long sessions of yesterday and was on the verge of collapse Ut one time We'd nesday night. She remained in her apartments today where she was att tended by her daughter. the couns tess of Yarmouth. The other mem bers of the family were In their ac- customed seats in court behind the defendant.
 Howard Nesbit, brother of Mrs. Harry Thaw, also was in court, sit- who was Stanford Whites secretary. Neither he nor his sister glanced at the other.
 ExtraOrdinary Features.
 The work in tho court room yester- day developed ono or two features out of the ordinary. The first of these was the order of Justices Fitzgerald that the jury shall be kept fin strict seciu- sion until its members shall have reached a verdict. To lock up a ju- TOT at the beginning of a trial is unus- uai It was done at the second Moli- neaux trial and perhaps once since, but even on the cases which hayo excited as much interest as the Nan Patterson hearings. the jurymen were allowed to return to their homes every night until all tho evidence was in.
 No explanation of this was given. but it is plain that the judge wishes the jurymen kept from possible outside in- Huence.
 hidden. To the questions asked of the talesmen by the counsel on etthers side. close attention was paid yesterday to see If they would give any indication of what line the defense would take. But 1t seemed as though Mir. Jerome was as much In the dark as anybody, and the lawyers for Thaw permitted no word to escape them which would be- tray their intentions. The district at torney carefully guarded against the two obvious points which could be made against him.
 Unwritten Law Questions.
 Each taiesman was asked if he would be content to abide by the law as the fudge declared it. With great care. counsel elaborated this point. Onco or twice he mentioned by name tho "unwritten law" moreioften he spoke of an ethical law, a supposed sense of equity or a higher law
 He took up the question of insanity He read from q law book the legal def- milton of that state and informed the talesmen that the law had declared that a man might only plead 1t as an excuse if. lat the time of an alleged criminal act. he was laboring under such q de- feet of reason as either not to know the nature or quality of the act or not to know that the act was wrong"
 The defense put In objections to the questions on both these points, but they were overruled When it came to their turn to cross examine the tslesmen, their examination was digappotnttna