Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-01-30
THE THAW TRIAL.
Continued from Page One.)

challenge exercised by Thaw's law
yers.
The morning session had been in pro-
| sress but an hour and j half when
Juror No. 10 was secured. He is John
S. Dennee, a travelling railway freight
agent. MIR. Dennee is unmarried and
perhaps SO years Of age.
Dennee told MIR. Jerome that he had
| formed no opinion. When MIR. Hart
ridge asked the prospective juror if
he had not read Of the case, he said he
had.
"And yet you have formed no opin-
ion?"
| mo. There has been SO much print
ed Oh both sides of this case. AS a
rule T do not read this class of stuff.
but there has been so much of it in
the papers I had to read it or not buy
the papers,
Both sides expressed their content
and the 10th man was quickly added
to the list Of Thaw's jurors. When the
talesnan said he was a native of Lou
lisiana, the defendant engaged his coun-
sci in conversation.
The prisoner seemed to be especially
pleased to have a Southern man on
the jury.
George L. Barney caused the defence
Ito exercise it's second right to chal-
llenge peremptorily today In some way
he did not measure up to the standard
set by Thaw's counsel.
The defence exercised another per-
lemptorily challenge against the next
Ita!esman, James S. SmOot. The opin-
ion he had formed was too strong to
suit ThaW'S lawyers.
George w. Tilton had an opinion
which could not be moved. He was
excused.
Only one Of the states alienists was
in court today. DR.. Austin Flint. His
Associates, DR.. Mcdonald and DR.. Ma
bon, attended every session and have
Iscrutinzed the defendant closely.
A long list of talesmen We're excused
for various reasons as the morning
session was nearing its close.
The luncheon recess was ordered at
ILL p. NJ, just after the examination
of the 18th talesman, Donald Bethune
had been concluded and he had been
challenged peremptorily by the defence.
Thaw's counsel did not seem to like
the hesitancy with which Mr.. Bethune
answered questions as to whether his
opinion already formed would influence
| his Judgment. He declared it would
not.
Mr.. McPike Of the Del1nas law firm
was present for the afternoon session.
which was not begun until go o'clock
The delay was due to the conference
which was held by Justice Fitzgerald
with counsel as Il result of which it
was announced that an agreement had
been reached TO excuse from further
service On the trial panel Jurors four
and six, Arthur S. Campbell, who is a
lsuperint endent of telephone construc-
ton, and Harold r. Faire, printer
and publisher. Faire was one of the
unmarried members of the jury. He
was chosen the third day of the trial
land Campbell the second day. The
reasons for excuslng tho jurors were
said to be of business nature. Both
jurors were regarded as especially good
lncn and their loss was regarded Il
decided setback to the proceedings.
Harold +. Fairc. one of the excused
jurors. declared after leaving the court
room that he did not know why he had
been excused and that the announce
ment made in court was the first
knowledge that he had of the intend
ed action
|
morning. he said II heard man re-
mark that two Jurors were to be ex-
cuscd today. I had no idea that the
remark could include me-
The excuse of the two jurynen SEEM
ed to have a bad effect on the tales
linen who were next to be examined and
within five minutes nine of them were
allowed to depart for one reason or
another. Six We're biased and three
had letters which Justice Fitzgerald
deemed to be sufficient excuse.
District Atty. Jerome would give no
explanation or intimation as to the
cause Of the dismissal of the two jur-
ors. Mr.. Campbell likewise declined
to talk on the subject. saying he had
TOO much respec. for the court to give
an interview"
The original jury panel was exhaust
ed when the 2Sth talesnan was exam
lned today. The last Of the old list
was Henry Peacock, who challenged
peremptorily by the defence.
| The first talesman of the new panel
to take the stand was Alphonse J. ST.
mondinger, who had a letter as an ex-
cuse. The second, Francis Schmalz
had an opinion.
The second juror Of the day was
chosen late in the afternoon session.
He was David S. Walker, a real estate
broker. probably 81 years Of age. Mr..
Walker is son of John Brisben Walker
and is married. He became juror No.
4. taking the place OF Arthur S. Camp
bell. Walker declared he knew STAN
ford White slightly and knew a num-
Der of the dead architects friends. He
did not think this fact would influence
his judgement, however. Mr.. Walker
said he had rot seen White for more
than year before his death.
DO you know May McKenzie?" ask
led District Attorney Jerome.
NO. sir" replied the talesman.
Have you formed an opinion" ask
led Mr.. Eartridge for the defence.
Yes. SIR
And expressed it?"
Several times"
Would your opinion hold against
the evidence?"
r