Los Angeles herald., 1907-02-01
JEROME WARY
OF THAW JURY;
THREE EXCUSED
Fights for Discharge
of Fourth
One Juror Still Lacking at Close Of
Sensational Battle Between Rival
Attorneys to Gain Ad-
vantage
Bv Associated Prcss.

BY Associated Press.
NEW YORK, Jan. 31.-Sensations
were frequent in the Thaw murder trial
today and before the two sessions Of
court had ended three sworn jurors had
been released from further service IN
the case, making five in all summarily
excused from the trial panel during the
last three days.
Regarding two of the released Jurors
no explanation was made in court
The third was allowed to go on a
physicians certificate that his life
would be imperiled by the close con-
finement of jury service. Three salts.
factory talesmen were found to replace
these, so when the rapidly shifting sit
uation underwent survey at the close
of the day there were again eleven
men in the jury box, the same number
that had been seated at the close Of
yesterdays session.
Rumors were current tonight that the
end of the jury changes is not yet In
sight and that further chapters may be
added TO already what has become an
unprecedented record in criminal pro-
cedure in New York
Attorneys Confer
There were several conferences of at
torneys at which District Attorney
Jerome is said vigorously to have
urged the release of still another juror.
Thaw's counsel, however are said to
have blocked every effort of the prose-
cutting officer in this direction. The
disagreement which first developed in
Justice Fitzgerald's chamber half an
hour before the afternoon session be-
gan, was resumed in open court at the
judges decision twice thereafter. Here
tofore the relations of the district at
torney and his assistant with Thaw' 8
counsel have been of the friendliest
nature. This afternoon there was frlc-
tion of the most apparent character.
The first of the days sensations came
Immediately after the opening of the
morning session. District Attorney Je-
rome announced that 1t has been unan-
imously agreed to relieve Jurors David
s. Walker and Louis Haas from fur
ther service. Mr. Walker, who is
son of John Brisben Walker, was No. 4
and Mr.. Haas was No. 8 on the jury
roll Neither could offer an eXplana-
their discharge.
1t was taken for granted that the re-
lease of these two jurors had ended
the days surprises, but during the
luncheon recess rumors of a further re-
duction in the personnel of the jury
We're put in circulation and these were
given color when It was learned that
another earnest consultation of counsel
with Justice Fitzgerald was in prog
reSs.
The name of the juror under consid-
Grafton was again discussed about the
court building. 1t was also stated that
he was a Juror whom Thaw and his
counsel had been particularly pleased
to have on the trial panel and that
lawyers for the defense would fight to
the last any effort TO dislodge him,
Gave in Under Protest
Thaw's attorneys had been none too
willing to allow Messrs. Walker and
Haas to be replaced and it was only
after long argument by the district
attorney that they consented in the
case of the third. The afternoon con-
ference was one of some warmth
When no announcement was made as
to further discharges from the jury
panel it was taken for granted that
Mr. Hartridge and others of Thaws
counsel had won the battle with the
district attorney. The examinations
of the first talesmen called after the
conference were carried on under cir
cumstances that indicated that feeling
existed on both sides, and once one
talesman. nearly so years old, whom
neither side appeared to want, came
near to taking the oath because Mr..
jerome refused to carry on the exam
ination, and counsel for the defense
declined to give immediate consent to
the proposed jurors withdrawal,
Thaw's attorneys also declined to eX-
anime the talesman and all challenges
for cause had been withdrawn when
Mr.. Jerome at the last moment inter-
posed a peremptory challenge for the
people.
Mr.. Jerome then called another con-
ference which was held this time at the
judges desk. There was gesticulation
and an indication of a lively argument,
but again to no avail, and the regular
proceedings were resumed.
Excused for III Health
Toward the end of the afternoon ses-
sion a messenger came from the dis
trict attorneys office. There was a
whispered consultation with Justice
Fitzgerald and the attorneys and 1t was
announced that because of his health
juror No. II would be relieved from
further service. Mr. Kleinbergers
physician had informed the-dlstrict at
torney's office of the danger to his pa
TENTS heart and it was agreed that he
should be excused.
Two of the three Jurors added to the
panel were secured at the morning ses-
sion They are Oscar A. Pink, sales
man, 4S years of age, who replaced Mr.
Walker as No. 4, and Wilbur S. Steel.
a manufacturer, so years of age, who
replaced Mr.. Haas as No. Q. The juror
secured to replace Mr. Kleinberger as
NO. IL Is Joseph b. Bottom, Sc years of
age, a clerk.
1t is believed the twelfth juror will
be secured tomorrow morning, but the
uncertainty as to the term of service
OF juror now sitting on the trial was
so strong that predictions are all but
worthless. 1t Is said tonight that
Thaw's attorneys may give In to Mr.
Jerome's demand for the excuse of one
OF the jurors If he in turn would agree
10 the excusing OF juror whom the de-
6C0ntinued on PAGE 'INsul