The Montgomery advertiser., 1907-01-24

when Mrs. william Thaw of Pittsburs, the mother of the defendant, appeared in the court room. She was dressed in her customary black and was yelled. Following came the Countess of Yar- mouth and Mrs. George Lauder Carr negte, her daughters. Mrs. Evelyn Nes- bit Thaw, wife of Harry. came next and was closely followed by May Mckenzie. the actress. to whose home Evelyn Thaw fled the night Q. the tragedy.
 District Attorney Jerome appeared in court at 1o:2o o'clock. At this time most of the taIesmen had arrived tand the room was crowded. Justice Fitz- gerald took his seat at lo:2s o'clock and the trial was on.
 Alienists Were Present.
 Doctors Carlos Mcdonald and Austin Flint, the alienists. we're escorted into court and given seats inside the clerk s rail. They were soon in consultation with MT. Jerome and 1t was said they had been engaged by him to watch the case from the very start. These same doctors represented the district attor- ney when the Josephine ferranova trial was stopped in order that a test might be fnadeof her sanity.
 Thaw had fiot been brought into court when the call of the jury panel was begun by the clerk There were several absentees and the court im- posed fine of s10o on each.
 pr. Mabin. third expert, joined Drs Flint and Mcdonald.
 When the roll had been completed ceed. pio-
 Justice Fitzgerald admonished thA throng in the court room that absolute order be maintained throughout the hearing.
 Harry K, Thaw to the bar" shouted. inc courA and there was hush of ex. pectancy
 The prisoner apeared almost instant. " from the jury room. He walked somewhat nervously at first, but when ne caught sight of his mother and wife and the other Tnambers of his family ais somewhat solemn face lighted into smile. He bowed as he passed to his seat beside his counsel.
 "haw carried a plaid ulster coat On his arm It was rather chilly In the court room and he threw the coat about nis shoulders.
 First TRlesman Called.
 Without further ado. the task of se- lecting jury was begun.
 Charles W. Bryden, an engineer was
 
 usual questions by District Attorney Jerome. he declared he had no con- scientious scruples against capital pun ishment but that he had formed an unalterable opinion as to the defend- ants guilt or innocence.
 MT. Jerome was not content with these Hat statements and subjected the talesman to a searching examination as to the mental processes@hy which he rAarhaA O sutx a,.L asked if his opinion was so strongly fixed that he cetld not renderta fair Judgment on the evidence. He was not sure, the talesman replied.
 District Attorney Jerome at this point made his first reference to the ''unwritten law" He said:
 There Is a so-called higher law, an sunwrftten law Would you allow such a law to enter into your judg- ment?"
 Counsel for Thaw objected to the question.
 Justice Fitzgerald said the witness had already replied in the early ques- tioning that as to points of law hu would be guided by the direction of the court.
 The talesman said he had been infiu- epoed by reading newspaper accounts of the case.
 when the DlSLTlCI attorney asked the talesman what were his ideas as to the various forms of insanity as an excuse for crime. the defense objected
 objection overruled," said Justice Fitzgerald T would be guided by the instructions of the court as to that" replied Bryden.
 "Do you know anyone connected with the case?" sI
 No.
 Clifford W. Hartridge of cousel for Thaw, here took up the examination, accounts. the talesman had read, challenged him for cause The district attorney opposed the challenge, not feeling that the tales mans opinion was so fixed as to make him incapable of reaching a just con clusion.
 The court questioned the proposed juryman and Bryden admitted that he could weigh the legal testimony and that his mental capacity could over- come the influence of the newspaper re- ports.
 After further, questioning, Bryden was excused
 First Juror Sworn.
 Deming B. Smith, a retired manu facturer of umbrellas, was the second talesman called for examination. MT.
  in this State to the effect that crime is e&cusable only when the mental con- dition. was such at the time of the act that the person did not know the na- ture Of 1t. or that he was incapable or the law.
 MT. Smith said he would rely upon the court when it came to question of as to the law. He felt he could render fair verdict. The tales man was asked if he knew Truxton B cale or Thomas McCaleb. the two friends who were with Thaw at the Cafe Martin a short time before the tragedy He said he did not know either. He was asked If he knew any of the alienfsts, but said he did not Examined by Mir. Hartridge, for the was asked If he knew Alb" Eiummei, the lawyer who Is said [" have drawn up an affidavit for Evelyn Nesbit when she is alleged to have con teplated suing Thaw for $25,00O for cruel treatment during one of their tours abroad. The talesman did not | know the lawyer.
 Do you know Delaney N!coll or any | of his firm?" No" Did you know Stanford White or any of his friends?"
 No" The juror was accepted and sworn. It was a matter of general com | nent that neither the district attor- | ney nor the defendants counsel ques toned Smith as to his opinion of the | law" So far the defense had not indicated its probable course.