Omaha daily bee., 1907-02-01
THREE THAW JURORS lETOUT
Action Taken After Conferences in Which
Defense Objects Vigorously.
THREE MORE sEcUR.D DURING THE DAY
Boz Now Contains Eleven Men, but
There Are RumOrs that There
viii BE More Discharges
Today.

anu btloEt Nne TWO SthSlOnS VI NOuAN hehu
ended three sworn Jurors had been re
leased 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 jurors no
explanation was made in court. The third
was allowed to go on a physicians GER
tificate that his life would be imperiled by
the close confinement of jury service.
Three talesmen were summoned to replace
these, so that when the situation under
went a survey at the close of the day,
there were again eleven men In the jury
box. the same number that had been seated
at the close of yesterdays 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 unprece-
denied record in criminal procedure in New
York. There were several conferences or
attorneys this afternoon, in which District
Attorney Jerome is said vigorously to have
urged the release of still another juror.
Thaw's counsel. however, are said to have
blocked every effort of the prosecuting Of
ficer in this direction.
Friction Among Attorneys.
the disagreement which first developed
in Justice Fitzgeralds chambers half an
hour before the afternoon session began,
was resumed in open court at the judges
desk twice thereafter, and engendered a
bitter feeling among the attorneys. Here
tofore the relations OF the district attorney
and his assistant with Thaw's counsel have
been of the friendliest nature. This after
noon there was friction of the most APP
parent character.
The first OF the days sensations came
| ta1x off 81 ha
morning session. District Attorney Jerome
announced that 1t had been unanimously
agreed to relieve Jurors David s. Walker
and Louis Haas from further service. Mr..
Walker, who is a son of John Brisben
| Walker, was No. 4, and Mr.. Haas was No.
., on the jury roll. Neither could offer
! an explanation for the courts action in
ordering their discharge.
Rumor of Further Discharges.
1t was taken for granted that the re-
| loase of these two Jurors had ended the
( days surprises, but during the luncheon
| recess rumors of further reduction in
the personnel of the jury were put in cir
culation and these were given color when
| II was learned that another earnest con-
sultation of counsel with Justice Fitzgerald
was In progress. The name Of the Juror
under consideration was again discussed
about the court building. It was also
stated that he was a Juror whom Thaw
! and his counsel had been particularly
pleased to have on the trial panel and that
the lawyers for the defense would fight
to the last any effort to dislodge him.
Thaws attorneys had been none too willing
| to allow Messrs. Walker and Haas to be
replaced and It was only after a long ar
gument by the district attorney that they
consented in the case Of the third man.
The conference was one OF some warmth
When no announcement was made of fur
Their discharges II was taken that Mr.
Hartridge and others OF Thaw's counsel had
won the battle with the district attorney
The examinations Of the talesmen, called
after the first conference, were carried on
under circumstances indicating that feeling
existed on both sides. and once a talesman
nearly 80 years old, whnm neither side ap.
peared to want came very near to taklns
the oath because Mr. Jerome refused "a
carry on the examination when counsel for
the defense declined to give immediate
consent to the proposed jurors withdrawal
Thaw's attorneys also declined to examine
/ the talesman and all challenges for cause
had been withdrawn when Mr.. Jerome al
the last moment interposed a peremptory
challenge for the people.
Another Lively Argument,
Mr.. Jerome then called another confer.
ence, which was held this time at the
Judges desk. There was gesticulating anc
an indication of a lively argument, blu,
again to no avail, and the regular proceed
lngs were resumed.
Toward the end OF the afternoon session 8
messenger came from the district attor
ney's office. There was a whispered consul
tation with Justice Fitzgerald and the at
torneys and 1t was announced that becaus,
Of Ill health Juror No. IL. Henry l. Klein
berger, a silk merchant, would be relieved
from further service. Mr.. Kleinberger
physician had informed the districts Of
fce Of the danger to the patients heart AM
It was agreed that he should be excused.
Three Jurors Secured.
Two OF the three Jurors added to the pane
were secured at the morning session. The!
are Oscar A. Pink a salesman, IS years old
who replaced Mr.. Walker as No. 4, am
Wilbur s. Steele, a manufacturer, 90 year
old, who replaced Haas as No. 0. The juro
secured to replace Mr., Kleinberger as Nc
II is Joseph b. Bolton, 81 years old, a clerk
II is believed the twelfth Juror will b
secured tomorrow, but the uncertainty a
to the term Of service Of a juror now sit
: |
predictions are all but worthless. It wa
said tonight that Thaw's attorney nigh
give In to Mr.. Jerome's demand for the ex
cuse Of a Juror, II he In turn would agre
! to the excuse Of a Juror which the defens
does not altogether view with favor Thi
could not be verified. The release OF 5
: many sworn Jurors has resulted in the In
crease by ten Of the peremptory> challenge
allowed each side. The defense has use
twenty-nine of it's original thirty and no'
has eleven left. The prosecution has twer
ty peremptory challenges still at its CON
, mand
, District Attorney Jerome announced toda
) for the first time that he had decided M
to make the opening address to the Jur!
: He will turn the task over TO his assistan
Francis p. Caravan. who has had immediai
I charge OF the Thaw case ever since II
| night OF the Roof Garden tragedy.