The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-01-25

| ishment, he replied with emphasis:
IT have not. but I do object to the
| application of electricity as a means OF
! carrying out such a penalty"
| Upon further questioning Ketcham
admitted that the fact that the New
| York law calls for death by electricity
! in capital cases would not deter him
in finding a verdict of guilty if the evil
| dence seemed to demand it.
There was a decided murmur
| throughout the court room when Law
| yer Hartridge asked the talesman if he
/ had known Stanford White and he re-
| piled:
II am pleased to say did not"
| A bailiff had to rap for order.
Ketcham also said he had a pretty
| decided opinion but he thought he
could lay it aside in the face of evil
| dence.
There was lively argument be-
1 tween Mr.. Jerome and Mr.. Hartridge
as to the extent and possible effect of
the talesman's opinion and this led to
the first incident approaching a clash
between counsel. Mr.. Jerome was
speaking when Mr.. Hartridge arose
and was about to interrupt. Jerome
| turned upon the young attorney and
said with a show of irritation:
will you allow me to finish my
argument"
Mr.. Hartridge sat down without a
reply.
Ketcham was challenged for cause
by Mr.. Jerome and allowed to go.
Two more talesmen were excused
because of their decided opinions.
A Stir in Court.
When Charles H Nesbit was called
to the stand as the twelfth talesman
of the morning session, all eyes turned
toward Mrs. E,vyIin Nesbit Thaw be-
cause of the similarity of names. She
turned far around to catch a glimpse
of the possible juror and followed him
with her gaze as he made his way to
the witness seat beside the judge.
Nesbit said he is not in any way
related to the prisoners wife. He had
read about the case and had formed
an opinion. but it was not so decided
as to require much real evidence to
change it. Any reasonable doubt he
would give to the defendant.
Nesbit was peremptorily challenged
by Mr.. Jerome. This was the ninth
challenge of a peremptory nature used
in behalf of the people. Thirty such
challenges are allowed each side. The
defense has employed six.
Albert a. Brockway, a talesman
who had not been called for examina-
ton, was excused by the court be-
cause of a death in his family.
Harold r. Faire proved to be the
midst of cloth bound novel when he
was interrupted by the clerk calling
his name. He quickly deposited his
book, coat and hat on his chair and
told Mr.. Jerome he was engaged in
the printing business.
Mr.. Faire was the thirteenth tales
man examined today and the sixty
third since the trial began. He took
his place after the oath was admin
istered.
Aaron NJ. Klaw. the next taIesman,
Kas4excused because of prejudice.
At this point the luncheon recess
until p. m. was taken.
Late Yesterday Proceedings.
New York, Jan. 25.-District At
torney Jerome and counsel for the de-
fense in the trial of Harry K. Thaw
all, expressed themselves as gratihed
at the progress made in the work OF
selecting a jury. Five men were in
the box when court adjourned yester-
day and as the examination OF jurors,
as so far developed, is not nearly 50
severe as expected, the prospects are
good that additional jurymen will be
obtained today.
Thaw. himself, took more interest
in tie proceedings yesterday and two
additional jurors would have been Sc
cured had it not been for his inter-
ference.
Thaw seemed pleased with the days
work. AS he entered the Tombs he
said to the keeper: I'VE got three in
the last half hour (meaning jurors)
and they are good men too. 1 think;
The district attorney kept up his
hammering on the "unwritten law"
and a possible deviation from the
written law governing the criminally
insane. Yesterday afternoon he added
another feature to his plan of exami- |
nation. asking the talesmen if they
were capable of withdrawing appeals
to their own emotions and feelings
and if they thought they could pass on
the prisoners case calmly according to
the instructions IN the law they would
receive from the judge. This was a
sign of the district attorneys antici- |
ralicn of the promised dramatic ap-
peal from Dolphin NJ. Delmars of
counsel for the defense.
Thirty-one taIesmen in all were ex- !
amined. The three new jurors chosen |
are Henry c. Harvey. a piano dealer; |
Geo. Pfaff, a dealer in macninists
supplies; Arthur s. Campbell, super
intendent of telegraph and telephone |
The two chosen pre- |
viously were Deming B. Smith, a re- |
tired manufacturer who will serve as
foreman. and Chas. H. Feke, ship |
ping agent.
selection OF jurors proceeds makes it |
difficult to predict just when the trial |
panel Of twelve will finally be filed. |
The courts order that the jury must |
be kept together under the care of the
bailiffs had the apparent effect OF |
many of the talesmen reluc- |
tant to serve Various excuses were
offered Fifty talesmen in all had |
peeu examined up 20 last night vi /
the thirty peremptory challenges each |
allowed the prosecution and the Ge- |
fense. the former had used eight and |
the latter six. The defense seemed |
willing to accept any talesmen who |
made reasonable answers to the dis |
trict attorneys questions.
The fact that Thaw's attorneys |
asked several of the talesmen IL they |
had any prejudice against any par
ticular line of defense was taken to |
indicate that the defense might be |
either the so-called unwritten law or |
emotional insanity, or a combination |
or both Thaw's attorneys again to-