New-York tribune., 1907-01-24


person. II possible to the court. On account OF
the Importance of this case" he continued, Il
regret that I will have to keep the jury to-
gether."
This keeping the jury together came as an
unpleasant surprise to the two men. as 1t
meant that they. with others to be selected.
would be locked up until the verdict is rendered.
Only once before. it is said. has jury, or any
part OF it. been locked up on the first day OF
a trial That was at the second trial of Roland
b. Molineux The Jurors were taken TO the
Broadway Central Hotel for luncheon. in charge
of two keepers sworn in for the purpose. Mr.
Hartridge took the women interested In the
defence to luncheon. and IN very short time
the courtroom cleared.
At the afternoon session Howard Nesbit
brother OF Evelyn Nesbit Thaw. was an inter-
essed spectator. He sat with Charles Harnett
former secretary to Stanford White. among
the talesmen He will testify on the rebuttai
against his brother-in-law. it was said. If occa-
sion demands.
Justice Fitzgerald was nearly a half hour late
in the afternoon and the five women had waited
fully that length of time for Thaw to be brought
In Thaw entered without the announcement
of the morning session, and was not noticed by
many as he took his seat. The pallor which
was so pronounced in the morning seemed TO be
tinged with a slight redness in the afternoon.
as IL a hearty luncheon. or the excitement. had
caused the blood to flow more freely.
There was another great crush to get into the
courtroom, but the police managed after much
difficulty TO keep out all but the talesmen and
newspaper men.
TELLS OF WITNESS TO SHOOTING.
Samuel X wilmurt. an iron and steel broker.
of No. % Broadway. was the first talesman
called His answers caused interest as he made
the first mention OF the actual shooting at the
Madison Square Roof Garden. He said he had
talked to a friend who IN ths audience at
the time of the shooting. This clew was quickly
followed by Mr.. Jerome, who asked:
Q.-What did your friend. who was the
roof garden tell you about the shooting2 A.
He Just made a general statement OF the ex-
ctement there.
impression is that ne said he saw him after the
shooting.
Q.-What did he say he saw7 Ale said he
saw the defendant walking away from the
place.
The talesman said his friend was William "
Ranous Mr.. Hartridgs followed the same line
OF questioning and in speaking OF Ranous
asked:
Q.-Is he good friend OF yours? Al have
known him long time.
Q.-You say you have formed opinion from
what ne told you, Would you carry that into
the Jury box? A-No I would eliminate that
opinion II went into the box.
This friendship with witness Of the shoot
ing did not please Mr Jerome. and the tslesman
was peremptorily challenged by the pTosecu-
tion.
Roland r. Conlxlin was excused by consent as
he has moved from the courts Jurisdiction
BENJAMIN T. Rogers. Jr.. real estate dealer,
of No 1859 Amsterdam avenue. said that he
was against capital punishment and favored
legislation that would abolish Il. Mr.. Garvan
examined him, and brought out that he would
require much more conclusive evidence 20 con-
Wet for murder in the first degree than for any
other crime. Mr.. Garvan asked:
Q-You 90 not approve of capital punish
ment? Al am opposed 70 capital punishment,
but would abide by the laws as they are.
Q-Would this influence your verdict A--Tt
7 went into the Jury box would do my duty as
citizen
The defence was satisfied with the talesman.
but Mr Garvan challenged for cause. This was
overruled. and then the prosecution perenptor-
fly challenged the talesman
HAD PHYSICIANS CERTIFICATE
Walter McDougall, OF No. West S7th street.
proved an acceptable juror TO both sides. but
said he had recently recovered from several
weeks illness and showed physIcian's certih-
cate that he was not strong enough TO stand the
strain Of a long trial. He was excused by con-
sent.
The third peTemptory challenge Of the prose-
cution was forthcoming when Frank p. Gall
lard. a restaurant proprietor OF No. 4S9 Fifth
avenue. was called. Mr.. Gaillard has recently
moved TO Larchmont but is still voter in New
York County Mr. Gaillard said he knew DR..
Carlos z. Macdonald. one OF the experts for the
prosecution. Upon this Mr.. Garvan asked:
Q.-would the fact that DR. Macdonald was
q witness in the case affect your verdict? A.
I might have more confidence IN him.
Q-You think he is all right? Al do.
The prosecution then peremptorly challenged.
Thaw smiled for the first time when William
c. OBien. paying teller OF the National City
an opinion. but at present had none
what caused you 10 lay It aside?" asked Mr..
Jerome.
''The contradictory and conflicting reports that
have been published in the papers"
Thaw smiled broadly at this reply. and the
prosecution used its fourth peremptory chal-
Ienge.
With George Gideon Nichols fire insurance
agent at No. "a Pine street Mr. Hartridge took
a new tack
would the fact that you were locked up
three or four weeks affect your ability TO rem
der an impartial verdict? he asked.
''I think IT would" replied the talesman. with
q suspicion of a smile
He was excused by consent for cause
ANOTHER JUROR OBTAINED.
The third talesman 10 be accepted as Juror, al
though he afterward became Juror No 2. was
found in George II. Fecke. manager of a steam
ship Office living at No. 601 West 135th street
Would you If locked up three or four weeks
again asked Mr.. Hartrdge. "be able to render