The Montgomery advertiser., 1907-01-26
Jurymen to try the slayer of Stanford

court she seemed obliivous of the pres | ence of the prisoners wife in the next seat to her own. The latter assisted her mother-in-law, however, in remov- ing her fur lined cloak. Mrs. William Thaw just before the trial was opened was handed a tele- gram by her son Josiah. She opened and read the typewritten message which apparently had to do with busi- ness affairs, probably in Plttsburg. The family's attention was distracted by the arraignment of Mir. Rand's client when Harry Thaw entered the court room from the door leading to the prisoners pen. Thaw noticed this and as he passed his mothers chair. he reached over with his one hand and grapsed both of her which were ciasped about a small gilt-leaved book in her lap. She looked up quickly and an- swered her sons smile Mrs. Harry Thaw gave her husband an earnest look of greeting and during the ex- animation of the first talesman of the day she assumed her customary atti- tude, leaning well forward in her seat, eager to catch every answer to ques- tions put either by MT. Jerome or MT. Hartridge, the leading counsel for the defense.
 First TaIesman Examised.
 The first talesman proved to be Wal ter M. Jackson. a real estate broker. who was excused on a challenge by the people when he declared that he entertaiped certain preJudices which might make him a partial juror. Counsel for Thaw were informed to- day that Henry c. Harney. the fifth juror, accepted, has acted as a juror in the case on which Edward Pekarse was convicted of murder in the first degree. Pekarse's plea was insanity and several alienists testified that he was mentally unbalanced when he mur- dered q woman from whom he rented rooms. The verdict was guilty and Pekarse was sentenced to death. Sub sequently the sentence was commuted to life Imprisonment.
 Daniel ORei1ly, of counsel for Thaw, was quoted as saying today concerning Juror Harney:
 We went on the assumption that q man who has voted to put a man to death on one occasion. will never vote for the execution of a second man. We wanted him on the jury.
 'dr. Harneys jury said the man was sane, but 1t was proven before Gov ernor Higgins that he was insane and the governor saved him. We believe that Mir. Harney will never convict an- other man"
 Ashley c. Jennings. who followed Jackson on the stand, was examined in detail both by the prosecution and the defense and 1t seemed he might be accepted as the sixth juror but at the last moment he spoke privately with Justice Fitzgerald. The attorneys were called into conference and the talesman was excused by consent.
 Number of Defenses.
 During the Jennings examination, Mir Hartridge asked the talesman what was regarded as a significant question. The talesman had already stated that so long as the defensea offered by the prisoner was a legal one. he had no ob- lection to what line 1t might take, when he was asked:
 Would 1t make any difference to you If there were half a dozen. different I tdefenoes 7''-r l'e i's.-'-e-' v
 Tt would not" replied the taiesmar Thaw's counsel seemed reluctant to lose Mir. Jennings.
 Charles A. Fuller, Charles D. Hal sey and Horace H. Smith had such de- cided opinions that they were excused by consent.
 James M. Ketcham, the ninth tales man of the day, caused something of a stir by some of the answers he made to the questions put to him. Mir. Ketcham said he was a travelling salesman for an electrical supply firm. Asked if he had any conscientious scru- ples against capital punishment. he re- piled:
 q have not, but do object to the aplication of electricity as a means of carrying out such a penalty" he de- elared, with some emphasis. Upon further questioning Mir. Ket- cham admitted that the fact that the New York law calls for death by cleo tricity in capital cases. would not de- ter him in finding a verdict of guilty if the evidence seemed to demand 1t. There was a decided murmur through asked the talesman if he had known Stanford White. and he replied:
 Glad He Didn't Know Waite. T am pleased to say I did not" The baiIiff had to rap for order. Ketcham also said he had a pretty decided opin- ion but he thought he could lay 1t aside in the face of the evidence. There was lively argument between Mir. Jerome and Mir. Hartridge as to the extent and possible effect of the talesman's opin- ion, and this led to the first incident approaching a clash between counsel. Mr. Jerome was speaking when MT. Hartridge arose. and was about to in- terrupt. Jerome turned on the young attorney and said. with show of ir- ritation:
 "Will you allow me to finish my arr gument?"
 Mir. HartrIdge sat down without a reply.
 Ketcham was challenged for cause by MT. Jerome and allowed to go.
 I've more talesmen were excused be- cause of their decided opinions.
 When Charles H. Nesbit was called to the stand as the twelfth talesman of the morning session, all eyes were turned on Mrs. Evelyn Nesblt Thaw, because of the similarity of names. She turned far around to catch a glimpse of the possible juror, a man of prob ably 45 years. with a sandy mustache and high forehead. Mrs. Thaw follow ed the talesman with her gaze as he made his way to the witness seat be- side the judge.
 Nesbit said he Is not related in any way to the prisoners wife. He had read about the case extensively and formed an opinion, but it was not de- cided. Any reasonable doubt he would give to the defendant.
 Nesbit was pcremptorily challenged by Mir. Jerome This was the ninth challenge of a peremptory nature used in behalf of the people. Thirty such challenges are allowed each side. The defense has employed six.
 Printer Reading Yellow Back.
 Harold R. Faire was the sixth juror secured today. He was in the midst of a cloth bound novel when he was interrupted by the clerk calling his name. He quickly deposited his book coat and hat on his chair and hurried to the witness stand. where he told