New-York tribune., 1907-01-30

N EfN
he said, Sin the infection OF the death penalty
as punishment for this crime. 1 think some
other penalty should be legalized. Although my
judgment is that the law is not wise law. 1
would try TO render proper verdict"
He was excused for cause.
MoLINEUxs COUNSEL IN COURT.
AS Mr. TTIton was testifying Barlow s. Weeks,
who defended Roland r. MOlneux. came into
court. He sat near Thaw. and Thaw looked at
him. then turned 10 his counsel and apparently
asked who Mr.. Weeks was. When Informed he
turned and stared at Mr.. Weeks for some time.
Matthias NicOn, an auditor OF an insurance
company, who resembled the late Stanford
White was excused, he had known Mr..
White intimately for years. He was member
of the Union and University clubs with Mr..
White. c. Tiffany Richardson member of the
Tiffany family was also excused for the same
reason
Court adjourned at this point and resumed
about 2:30. The third juror of the afternoon
was David May. salesman, of No 593 Broad
way. Mr.. May whispered to Justice Fitzgerald.
He was one of the jurors on the third Nan Pat
terson trial. and was excused that account.
Several talesmen who followed gave excuses,
and Justice Fitzgerald. told. showed his an
w. L.
sought to he excused from duty For the first
time in the trial Mr.. Jerome asked talesman If
he knew Roger O'Mara, OF Pittsburg. O'Mara
was formerly Chief of Police of Pittsburg and
has been working for months in Thaw's inter
ests.
Mr.. jerome began his references to efforts
TO influence talesmen. when Hugh Boyle. sales
man with Arnold Constable & Co, was called
Mr.. Jerome asked, HAS any one approached you
since you were talesman in this case?" Yes"
he replied.
WAS IT in the corridors in the courtroom
'It was at my office"
What sort of a looking man he?" Mr.
Jerome persisted He was a friend of mine and
only spoke casually" "Oh, that is different"
said the District Attorney. Has any one talked
to you that was stranger to your NO
Mr. Boyle was challenged for cause by the
District Attorney.
SECOND PANEL BEGUN.
With the calling of AIphonse simendinger, an
artist, the first talesman on the second special
panel appeared He followed the example OF
many on the other panel by having an excuse
which let him of.
One OF the first talesmen to say that he kneY
Thaw was Charles II. Patterson. cashier Of the
Fourth National Bank He said he had known
Thaw for four years. and was excused.
The first reference OF counsel TO attempts 20
avoid jury duty came from Mr.. Garvan when
Tyler Cole. employed by B. Altman & Co.. was
called. Mr.. Garvan asked him If opinion on
the case he held would influence his verdict.
1T would" he replied
You were examined by the special commits
sioner OF jurors. you not?' said Mr.. Gar
van. "I was"
You then stated that there was nothing TO
prevent you from becoming fair and impartial
Juror and now you say you have very strong
opinion?" The talesman nodded.
Well your honor" said Mr. Garvan TO the
court Il think that all this testimony ought 20
be sent 10 the Commissioner OF Jurors for his
Justice Fitzgerald replied: Very WE'LL but at
tend 10 the case now Immediately in hand"
The talesman was excused by consent.
When David Strother Walker was called no
apparent interest shown until he said he
knew the White family slightly. 1t would make
no difference ia his verdict. he said. When he
said he knew Thaw. counsel began 10 get inter
ested
do you know May Mackenzie" asked Mr..
Hartridge
"I do" the witness replied.
He said he also knew Truxton Beal. Thomas
McCale5 and others connected with the case.
Mr.. Walker. Nho is a Of John Brisben
Walker was quickly acceptable to the defence,
Thaw plainly showing his desire to have him.
To the surprise Of nearly all in the courtroom
Mr. Jerome offered objection and Mr.. Walk
er was sworn as the fourth juror. taking the seat
left vacant by the excusng of Arthur s. Camp
bell.
INTERRUPTION GOT ON NERVES
Shortly after the commotion and general con-
versation which followed the acceptance of Mr..
Walker had been stopped by the court. a court
officer lowered a window in the rear OF the
room. An overzealous talesman jumped up and
shouted protest. Justice Fitzgerald was much
annoyed and Justice Newburger who was
listening to the case. looked up in surprise
Pounding his gavel. Justice Fitzgerald called
20 Captain Lynch of the court squad and said
Captain. If anybody interrupts the proceed
ings in this court. he VIII get himself into
trouble"
There was no trouble after that
The other talesmen Of the afternoon answered
only the routine questions and were quickly
cused, with the exception Of Clarence w. Rud-
Baker. Of Cincinnati" II know Mr. Baker"
he replied, but he doesn't live in Cincinnati"
The trial will be resumed this morning. with
a continuance Of the examination OF talesmen
The District Attorney will decide at noon
whether IL will be necessary for a third spe-
cial panel II he finds that over twenty tales
men examined without getting another
Juror he will be forced TO have another hundred
men appear in court on Thursday.