Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-02-02
Friction Develops Between
Prosecution and Defense
Which Promises to Delay
Opening of Thaw Trial,
|PANEL STILL SHORT
OF NEEDED TWELVE
Uncertain Tenure of Jurymen
Z Selected Renders Predictions
on Case Northeastern
Would Remove Another,
IBy Morning Journal Special Leased Wire.

LBy Morning journal Special Leased Wire
New York, Jan. 31.-Sensations
were frequent in the Thaw murder
trial today and before the two sessions
of court had ended, three sworn jur-
ors had been released from further
service in the case, making five in all
summarily excused from the trial
panel during the last three days.
Regarding two of the released jur-
ors no explanation was made in court.
The third was allowed to go on ply
clans certificate that his life would be
imperilled by the close confinement of
jury service. Three satisfactory tales
men were found to replace these, so
that when the rapidly shifting situa
ton underwent a survey at the close
of the day. there was again eleven men
in the jury box, the same number that
had been seated at the close of yester-
days session
Rumors were current tonight that
the end of the jury changes is not yet
in sight, and that further chapters may
be added to what has already become
an unprecedented record in criminal
procedure in New York. There were
several conferences of attorneys this
afternoon at which it is said that Dis
trict Attorney Jerome vigorously in
sisted on the release of another jury
man.
Thaw's counsel, however, are said to
have blocked every effort of the proSs
ecuting officer in this direction. This
disagreement, which first developed in
Justice Fitzgerald's chambers half an
hour before the afternoon session be-
gan. was resumed in open court at the
Judges decisions twice thereafter.
Heretofore the relations of the district
attorney and his assistants with
Thaw's counsel have been of the
friendliest nature. This afternoon
there was friction of most apparent
character. The first of the days sem
sations came Immediately after the
opening of the morning session. Dis
trict Attorney Jerome announced that
it had been resolved to relieve Jurors
David S. Walker and Louis Haas from
further service. Mr.. Walker was No.
four, and Mr. Haas was No. 9 on the
jury roll. Neither could offer an ex-
PLANTATION for the courts action in
ordering their discharge.
1t was taken for granted that the re-
lease of these two jurors had ended
the days surprises, but during the
luncheon recess, rumors of another
reduction in the personnel of the jury
were put in circulation, and these were
given color when II was learned that
another consultation of counsel with
Justice Fitzgerald was in progress. The
name of the juror under consideration
was again discussed about the court
building.
When no announcement was made
as to further discharges from the jury
panel 1t was taken for granted thai
Mr. Hartridge and the others OF
Thaw's counsel had won the battle
with the district attorney. The exami-
nations of the first talesmen closed
after the conferences were carried on
under circumstances that indicated
that feeling existed on both sides and
once a talesman, sixty years OF age,
whom neither side appeared to want,
came very near not taking the oath
because Mr. Jerome refused to carry
on the examination when counsel for
the defense declined to give immedi-
ate consent to the proposed juror 8
withdrawal. Thaw's attorneys also de-
clined to examine the talesman and all
challenges for cause had been with
drawn when Mr.. Jerome at the last
moment interposed a peremptory chal-
lenge.
Mr.. Jerome then called another con-
ference which was held this time at
the Judges desk. There was a lively
argument, but again to no avail ana
the regular proceedings were resumed.
At the end of the afternoon session
messenger came from the district at
torney's office. There was a consulta-
tion with Justice Fitzgerald and the
attorneys and 1t was announced that
because of his health juror No. IL
would be relieved from further SER
vice.
Two of three jurors added to the
panel were secured at the morning
session. They are Oscar A. Pink, a
salesman who replaced Mr.. Walker as
No. 4, and Wilbur S. Steele, a manu-
faakurer who replaced Mr.. Haas as
No. 0. The juror secured to replace
Mr.. Kleinberger as No. Il is Joseph b.
Bolton, clerk 1t Is believed the
twelfth juror will be secured tomorrow
afternoon, but the uncertainty as to
the term of service of a juror now
sitting on the trial panel was so strong
I that predictions are all but worthless.
The release of so many jurors has
resulted in an increase by ten in the
number of peremptory challenges. The
defense has used nineteen of its orig
| inal thirty and now has eleven left,
The prosecution has twenty peremp-
| tory challenges still at It's command
Alleged Absconder In Jail.
c,otona xVaoh Tan q1 William