New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-04
JEROME DETERMINED.
WANTS JURORS DROPPED.
Learns That Tha1c ReceiUed Estate
in I893-JurY Suits Defence,

in I893-Jury Suits Defence.
| Unless counsel for the defence in the case Of
| Harry Kendall Thaw oppose the District At
! torney and induce Justice Fitzgerald to sustain
them one. If not more, of the twelve jurors will
| be excused this morning. and the wearisome ex-
animation of taIesmen Will he continued, for
| part OF the day at least. The prosecution it Is
learned, has had detectives Investigating the
records of at least two of the jurors for several
days. and these records said to be
favora BILE. from the District Attorneys point of
view. that every effort will be made to have
them excused. one Of these men, seldom
thought Of by those Of the trial likely to DO
dropped. IS said TO have had intimate business
relations with a member of the Thaw family.
The record OF ths other man. it ia said. has
worried the District Attorney so much that he
viii try to have him excused. Not only have
the regular county detectives been working OF
tho Jurors records but private detectives have
also been busy. 1t is understood that the Dis
trlct Attorney will confer with Justice Fitz-
gerald and counsel for tho defence this morning
ana Will try to have the pair dropped by con-
sent
Assistant District Attorney Marshall, who had
been IN Pittsburg Tor several days, returned to
town yesterday. He has found some important
facts relating to Thaw's life which the prosecu-
ton expects to use to advantage. Mr.. Marshall
devoted his time principally 10 looking over
various court records about Thaw particularly
the will Of William Thaw. The prisoners father.
who died In 1889. BY the terms OF the VIII
itself Harry Thaw shared equally with the other
children, but in a codicil it was stipulated that
until such time as the executors should decide
that he could take of his estate and was
morally and mentally responsible lie was to re-
ceivs only $2,4O0 Il year. The executors OF the
VIII were Mrs. William Thaw. Edward Thaw
the late William Thaw. jr. and two friends OF
the family.
THAw RECEIVED INCOME IN 1893.
,tr Marshall found, much to his surprise. that
only four years after tho elder Thaw died. or in
1893 the executors decided that the provisions
Of tho c6dicil had been met. and voted to give
Harry Thaw his estate. providing him with an
income Of $4,000 a year which ne has had
ever since This fact tho prosecution believes.
will be Of great value to offset any evidence in
troduccd by the defence to show Thaw's IRE
sponsibility, and to prove that the family. at
least. believed him perfectly capable of caring
for his estate The fact that Thaw has had his
income for many years rcfutes many stories
that It only last summer after the killing
of White, that he was in receipt Of his fun in
come. Thaw. in spite OF the size of his income.
of the prosecution The investigation by the
District Attorney in Pittsburg is not over. \
representative is still in Pittsburg. and viii
make daily reports to Mr. Jerome Of al eyi-
dencc found there.
Assistant Distrlc: Attorney Garvan spent
yesterday in going over ali the evidence OBJ
tanned by the prosecution the direct case,
and will have his case ready for presentation
when tho jury is finally in. Mr.. Jerome
did not go TO Lakeville on Saturday but stayed
in the city studying the medico-legaI end of the
case and mapping out tho questions to be asked
of the alIensts employed by the prosecution
ana cross-examnation questions for the alien
lists Of the defence. 1t is understood that the
expert testimony will occupy days and technical
questions will be asked more ninutely. il that Is
possible. than in any case in year7.
JUROR NOT WITNESSES FATHER
The prosecution laughed yesterday at a pub
lished story that Henry c. Harney. Juror ).
was the father of Miss Maze Toilette chorus
girl and an intimate acquaintance OF the prin-
cpals in the case. The story was declared to
be untrue Miss Follettes father is named
O'Harney and is living in Massachusetts, not
far from Boston. which probably supplied the
basis for the story
The most disgruntIed member of the jury is
Bernard Gerstman No. l.. It leaked out yes
terday. to the delight of the other jurors. that
Gerstman had been married less than two
months. His wife called him Saturday
and will see him every day. If possible. but
Gerstman was in anything but a pleasant frame
OF mind at tho enforced separation.
Five of no Jurors went to church yesterday
morning Captain Lynch of the court squad
finally agreeing to let them separate. Those
that went were Smith, Pfaf, Gerstman. Brear-
ley and Potion. They went to the University
Place Presbyterian Church and listened to a
doctrinsl sermon by the Rev. DIR. George Alex
ander. DR.. Alexander said afterward that he
did not know any of the jurors were in church
until after the service Ho made reference
of any kind to the trial.
The others stayed in the Broadway Central
Hotel. reading the expurgated editions of the
Sunday newspapers. During the morning an
automatic piano was taken to the rooms. The
music that it played was not a bit religious.
The popular songs from present day operettas
were played. and, on request Of the southerner,
Continued second