The Montgomery advertiser., 1907-02-02

| lU.CD O CLOCK. 1ntTG WhS ID tnutCdtfQt on the surface of any further upheav ais as Justice Fitzgerald took hi, plare and Clerk Penny began to cal the roll of the new jury panel Mother Was Not Present. The Countess of Yarmouth. Mrs George L.. Carnegie, Josiah Thaw ant Mir. Carnegie arrived during the rol call Mrs. William Thaw. mother ol the prisoner, remained Indoors today because of the indictment weather. She was greatly fatigued at the end o yesterdays long-drawn-out proceed ings.
 Since the artists were banished from the court room by Justice Fitzgerald. the Countess of Yarmouth and Mrs. Carnegie removed their wells soon after taking their seats. Mrs. Harry Thaw, however. has not once lifted the veil which she wears.
 Defense Prevents Completion.
 Shortly before noon the defense pre-, vented the completion Of the tria panel by peremptorily challengins Charles Rauchfuss real estate deal CT, whom Justice fitzgerald had held to be competent. The taiesman had an opinion, however, and this fact did not seem to please Thaw's lawyers MT Rauchfuss also stated that he had served before In capital eases.
 During the examination of this tales man, Mir. Gleason of the defense again brought In questions tending to show that plea of insanity will be the main stay of the defendant. He asked Rauchfuss if he would give the defend ant the same benefit of reasonable doubt on an insanity plea as he would with any other form of defense. He declared he would. After consulta- tion of Thaws attorneys and after Mir. Jerome had declared the people were content, the defense interposed it's thirtieth summary challenge since the beginning of the trial.
 The defense again prevented the fill- ing of the jury box by peremptory challenge against John ;. Busch. a coal dealer, who said the firm of McKim, Mead and White had been architects of his residence. He knew Stanford White but the acquaintance was not of a character to embarrasa him to serve on the jury.
 Feeling Again Aroused.
 There was a battle between counsel American Express Company. who was the twelfth talesman of the morning session. Thaw's counsel objected many times to questions 2ropounded by MT. Jerome and in several instances was sustained. There then came a flash of the feeling such as was dis- played yesterday afternoon. Mir. Jer- ome said he understood the talesman to mean that he had no doubt at all of hls ability to judge te case impar- tially.
 at all. objected Mir Hartridge.
 The District Attorney turned sharply on Thaw's counsel and snapped:
 T cant be responsible for your un- derstanding."
 The defense won it's point and Gufin was let go by consent.
 There was brief conference during the luncheon recess attended by Jus tice Fitzgerald. District Attorney Jer- ome and Mir. Hartridge Of the defense. An announcement of somo sort was anticipated when the afternoon session began. especially when MT. Jerome and Mir. Hartridge entered together. ap- parentiy In the best of humor.
 Clerk Penny hesitated to draw a taiesman until he received nod from the District Attorney to go ahead.
 George B. Moorewood.7 called the clerk.
 Mir. Moorewood said he had an opin- ion which he could not altogether lay aside.
 District Attorney Jerome took a hand in excusing talesmen by peremptory challenges when the defense announced that 1t was content with Charles H. Thurston, the twenty-seventh man call ed today for examination.
 Then came genuine sensation. Benjamin B. Townsend, who said he was connected with the New York Life Insurance Company was called as talesman and examined by Assistant District Attorney Garvan.
 After two or three preliminary ques- tions MT. Garvan asked:
 Have you been spoken to or have you spoken with any one about this case since you have been in the court roomT
 "Yes," replied Mir Townsend.
 with whom did you speak?"
 q don't know just who they were; we spoke about the case in general way"
 O'Mara stand Up.
 "RoRer O'Mara, stand up." command cd Mir. Gafvin in a loud voice.
 OMara is the Pittsburg detective who has been employed by the Thaws to secure vidence for the defense He had not been in the court room before today. hut at the command of MT. Gar win A man of commanding stature, rud- dv face and wearing a short sandy moustache stood up from behind the rail to the right of the seat occupied by May Mckenzie.
 .sIs that the man you spoke tor" asked Garvan. again turning to the talesman.
 NO" came the reply. 'I never saw him before"
 an objection. but MT. Garvan did not pursue the subject.
 When 1t came to the defenses turn +o axamine Townsend MT. Partridge soueht out one of District Attorney Jerome's county detectives.
 stand up"
 The detective complied.
 'Is that the man you spoke tor de- manded Hartridge. evidently iu retail iation for Assistant District Attorney Caravans sensational action.
 "No. he is not" replied the tales man. who by this time was himself thoroughly aroused. T want to say" he added. that while sitting to be called I simply conversed with those about me in a general way about what was going on In the court room. When was asked if had spoken about the case I had to answer in the affirma- tive"
 The incident ended by the talesman calling the judge and the attorney near enough so he could whisper and told them the gist of the conversations he had had In the court. As the confer ence with the talesman broke up ev- erybody was laughing.
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 DECIDES AGAINST MUTUAL.
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