Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-01-29
SEEMS TO PLEASE DEFENDANT
Reason is He is Southerner,
and Presumably, Has Chivalric
Ideas About Woman's Honor.
The Defense Has Taken Fifteen OF It's
Thirty Peremptory Challenges,
The Prosecution, Fourteen.

New York, Jan. 29.--The excusinw ~Y
two OF the sworn jurors In the Thaw
case at the beginning OF the afternoon
session today left four vacant chairs in
the jury box and delayed the beginning
of the taking of testimony. The jurors
excused were Arthur S. Campbell. No, 4.
and Harold r. Faire, No. g. This action
was announced after conference in
which the attorneys for the defense.
Dist. Atty. Jerome and Justice Fitz-
gerald took part. The reasons for thu
step were not made public. They are
said TO have been OF a business nature.
Out of the 1s talesmen of the original
panel of 200 men who were examined
this morning one proved acceptable and
took his place as juror No. 10. lie is
John S. pennee, a travelling freight
agent. Mr.. Dennee Is native of Louis.
lana, and Thaw seemed especially
pleased az having secured a southern-
er upon the jury.
When this, the fifth day of the trial,
began. there remained about 80 names
IN the original jury panel to be called.
II was agreed that they should be ex-
hausted before calling upon any of
the newly summoned talesmen
We're again present today. The prison.
ers wife and mother sat side by side
again and 1t seemed as though this ar
rangement was designed In advance.
further TO dlscredit the stories which
have been so prevalent as to diasensions
in the family.
The Thnws often meet IN one OF the
ante-rooms OF the court and consult
with counsel for the defendant. This
accounts for the fact that they some.
times do not greet each other when.
taking their places in the courtroom.
| Both Atty. Delmas, who Is suffering
from o cold, and his law partner, Mr..
McPhie, were absent from the defend
ants counsel table when the morning
session opened. This left two vacant
chairs ON the prisoners right. and
gave him clear view of the Jurors
thus far sworn. He profted by the
opportunity to study their faces for IL
time. Then he exchanged condolences
with Mr.. Peabody. who sat a his right.
Mr.. Jerome questioned the talesmen
today as TO the extent they have been
reading the papers since the trial be-
gan and IL they had been Influenced
in any way thereby. None of the
men put under examination In the
early part OF the proceedings would
admit that they had attached import
ance to anything outside of the actual
proceedings IN court.
lHb aNtOllitso pNN IL iitf
high record for peremptoIy challenges.
bringing this privilege to bear Ave
times in excusing talesmen from ser
vice. The defense has thus far used
10 of its 80 peremptory challenges, and
the state II.
A new panel of 100 talesmen was in
court today, but 1t had not been drawn
upon.
Samuel Pepper. a manufacturing jew
eler. went through the regular examin-
alton by both sides and finally came 70
grief against peremptory challenge
exercised by Thaws lawyers. Pepper
was the first man of all upon the big
panel 10 declare that he had neither
formed an opinion nor heard one ex-
pressed.
Mr.. Hartridge again indicated by his
questioning of this talesmsn that there
may be more than one eScuse offered
bv Thaw for his killing OF Stanford
White.
Would you object TO two or moro de-
fenses?" asked the prisoners counsel
No" replied the talesman.
After n consultation among the de-
PENDANTS attorneys the peremptoty
challenge Was issued.
BY consent OF all concerned in tho
Thaw case. Jurors Arthur S. Campbell
and Harold n. Fairo were excused from
further service this afternoon.