The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-01

posed its thirtieth summary challenge
since the beginning of the trial.
Herman Pichel, an importer of fan
cy goods had too strong an opinion to
serve.
Justice Fitzgerald sustained chal-
1enge for cause made by the prosecu-
ton against David A. Arrowsmith. jr.,
a carpet manufacturer, who declared
after a lengthy examination that he
would require removal of every pos
sibility of a doubt before he would
convict in a case involving a penalty
of death.
Thaw's attorneys fought to have Ar
rowsmith accepted and endeavored to
show that when he said the removal
of every doubt he meant every reas-
enable doubt, or every doubt that
reasonable man might entertain. The
talesman said he did not think he
would entertain any doubt in the ca Sc
that was not reasonable and that he
would decide the case on a logical con-
clusion, based entirely upon the facts
brought out a the trial. He also de-
clared he would convict if every doubt
which he considered a reasonable
doubt was removed.
Justice Fitzgerald, basing his opin-
ion upon the entire examination. sus-
tained a challenge entered by Mr..
Jerome on the ground that the tales
man was more exacting than the law.
Four Excused by Consent.
Four succeeding talesmen were ex-
cused by consent.
The defense again prevented the
filling of the jury box by a peremptory
challenge against John S. Busch, a
coal dealer who said the firm of Nc
Kim, Mead & White had been the
architects of his residence. Solomon
f. Blogg, manufacturer of women'S
his business required his daily atten-
tion and that if he had to serve on
jury his mind would be so distracted
he could not give proper consideration
to the evidence.
There was q battle between counsel
over Charles w. Guffin, a clerk of the
American Express company, the
twelfth talesman of the morning ses-
sion. Thaw's counsel objected many
times to questions propounded by Mr..
Jerome and in several instances was
sustained. There then came a flash
of feeling such as was displayed yes
terday afternoon. Mr.. Jerome said he
understood the taleSman to mean that
he had no doubt at all of his ability
to judge the case impartially.
Il did not understand it that way at
ALL objected Mr.. Hartridge.
The district attorney turned sharply
on Thaw's counsel and snapped:
81 can't be responsible for your un-
derstanding."
The defense won its point and Guff1n
was let go by consent.
excused by consent and then recess
was taken until 2:30 p. m.
Thaw Is Disappointed.
New York, Feb HAIRY K. Thaw
court room yesterday when after an
other day of strenuous work counsel
failed to complete the jury. Thaw has
been exceedingly anxious for the real
trial to begin and felt sure, when court
opened, that this would occur yester-
day. He was soon apprised, however,
of the fact that there was to be another
wedding out of jurors already sworn
and when this process finally took place,
his face showed the disappointment he
felt. Today another attempt will be
made to complete the jury and while
the prospects would be good were the
men already sworn kept in the box
there were reports that another weed
ing out would occur. If the twelfth
juror is chosen today and none excused,
Assistant District Attorney Garvan
will address the court and jury, stating
the case in outline of the prosecution.
He will be brief and his witnesses
establishing the fact of the tragedy will
be put on.
In this event it is hardly likely that
court will be held on Saturday, but if
the jury is still incomplete tonight
there is every reason to believe that
the court will sit on Saturday and the
examinations will be continued all that
day. Testimony is expected to begin
Monday surely.
1t is evident that while the selection
of the jury is in progress the district
attorneys office is making close in
vestigation of those already chosen
and that Mr.. Jerome is determined to
be sure he has the best possible jurors
from every point of view before the
court proceeds to the hearing of testi-
mony.
Since the examination of the tales
men was begun on Wednesday of last
week no less than six of the jurors
sworn in have been excused. Such a
wedding out never before took place in
a trial in New York. 1t has occasional
ly happened that one or two have been
dismissed.
The extent of the legitimate outside
interest in the trial of Thaw is shown
by the visitors to the court. visitors
who are not apparently actuated by
curiosity merely.
Chief Justice Phippen of the court of
appeals of Manitoba has spent a good
part of the time consumed in the ex-
animation of talesmen, studying the
work of both sides.
Two prominent lawyers of Virginia
attended yesterdays session of the
court. One of them was Minetre Foulkes,
commemorative attorney of Rich
mond. and the other Harry NJ. Smith,
a famous criminal lawyer of the Old
Dominion Both carefully studied the
methods used in the selection of the
jurors
Among criminal lawyers, in the ju-
dietary and among the people, the trial
is causing the keeneSt interest in Nir-
ginia, as 1 suppose it is in other parts
of the country" said Mr.. Smith.
DEEP GORGES MADE.