New-York tribune., 1907-01-25

a like fate.
Isaac o. Woodruff. of No. l52 West 18th street.
acknowledged his acquaintance with Mr.. Hart
ridge.
"I don't think that would incrtrlinate or e1n-
barrass you." remarked Mr.. jerome.
eft certainly wouldn't embarrass me-" quickly
replied Mr. Woodruff, 'but st would tend 70
bias me-" When Mr. Woodruff said he knew
Allan w Evarts, counsel for the White interests,
he was excused by consent
Arthur H Easter. of No. 1s1 West s7th street,
gave counsel hard tussle to get his definition of
reasonable doubt. Finally. in answer to ques-
tions Of Justice Fitzgerald he said that he didn't
recognize any difference between reasonable
doubt and any other kind OF doubt. and was exc
oussd for cause.
THAw OBJECTS TO TALEsMAN.
Francis J. Lynch, Of No Col East 149th street,
came nearer being selected than any talesman
examined up 10 that time. He said he did not
favor capital punishment but would waive his
opinion. AS TO circumstantial evidence. he would
need other evidence to corroborate It. Both
sides withdrew their challenges. and Thaw start
ed TO his feet, expecting 20 face the Juror as he
was sworn. Mr.. Hartridge. however. was told by
his partners that Thaw objected to the talesman.
and he was challenged peremptorily by the de-
fence.
r. L. Courson, cashier, OF No. 672 Lexington
avenue was excused by consent.
Charles NJ. Nswcombe, a stock broker. Of No.
Ss West 18th street. gave every conceivable ex-
cuss TO escape serving q Juror. He aclSnowl-
edged having written to the District Attorney
and Mr.. Hartridge said he had received a letter
from the talesman's partner.
Mr.. Hartridge on cross-examination, asked;
Q-Have you formed an opinion? Al have.
1s hesHt Is ts Soe esns general or casual
opinion? Alt Is very firm firm one; s, o,,or,. ,4,.
verdict in this case on the evidence irrespective OF
any 95 f feeling Eees Ss oogRed @p For S9 eupe
months It would get on my nerves.
The reply caused general laugh, even Thaw
soining in. Justice Fitzgerald raped sharply
and adnonished the talesmen for Their ievity.
Mr. Hartridge asked Newcombe IL he would be
affected by the knowledge that his business was
suffering, and the talesman replied: II know
it would get me on edge"
NEARLY CHOSEN AGAINST HIS WILL
Newcombe was acceptable TO both sides in
spite OF his evident and earnest attempts 10 get
excused, and Justice Fitzgerald ordered that he
be sworn This caused another laugh in the
room. Mr. Hartridge conferred hastily with his
colleagues, and finally challenged peremptorily
The defence evidently tried TO force the prosecu-
ton to challenge persmptoriiy. but Mr. Jerome
refused 20 make the move
Mr.. Garvan examined the next witness. James
s. Bradley jr.. a picture dealer. OF No. 486 Gem
trail Park West Mr. Bradley said he had formed
a very strong opinion. which would influence
him. He was excused.
During the recess which followed, the women
OF the Thaw family tried an Innovation. eating
their luncheon. which they had brought with
them, in a room adjoining the court. Mrs.
Evelyn Thaw and Miss May Mackenzie later
visited Thaw IN the fury room. remaining with
him until he was taken 20 the Tombs for his
luncheon.
When the trial was finally again under way.
Henry D Bristol, vice. president OF corporation.
OF No. S75 Manhattan avenue. was examined.
Mr. Bristol said he had formed an opinion. Mr..
Hartrtdge. on cross-examination. asked:
o.Did you have dealings with Mr. Mr. @ Whits,s 4I
o-You knew Mr. white. did you? Al did.
The taIesman said he had talked with a man
connected with Whites firm the day after the
shooting. He was then excused for bias.
William J. Hirshfsld. real estate dealer Of
No. 39S Washington street, was quickly ex-
cused. having formed an opinion which would
influence him. Mr.. Hirshfeld said that for sew
entsen years he was the secretary IN Washing
ton Of Samuel S. C'Sunset'D Cox.
Edward j. Richman. OF No. q West 1Slst
street, was excused with the consent Of the
court. after having proved acceptable to both
sides Mt. Jerome asked him:
law defning 3ustihabIe homicide. Whatever ciroum-
stances the defence would offer as Justification?
Q.-Have you any prejudice in regard to any
have not.
The last question asked by Mr.. Hartridge.
MANY HAD FORMED OPINIONS.
Another plea OF having formed an opinion,
which would influence the talesman If selected
as Juror, excused Willis C. Brewer, a book
keeper. OF No. 2441 Seventh avenue
Mr.. Jerome challenged peremptorily for the
prosecution for the first time yesterday in the
next examination. ". Lincoln Fitch, Of No i28
Lexington avenue, was the talesman- He said
he had an opinion, but IT would not affect his
judgment Mr.. Hartridge asked:
Have you any prejudice against any par
tIcular line of defence?" 'T have not" said Mr..
Fitch.
Mr. Jerome interrupted 20 say: you mean you
have no prejudice against any defence recog-
nized by the law?" The taIesman replied in the
affirmative.
Again the excuse OF having formed an opinion
which would influence him was given in the
next examination. Thomas B. Gallagher. collector
for grocery store. OF No. 9os West I49th street
was the talesman.
George d. Brooks. Of No $50 West 1896 street,
was challenged perernptorily By the prosecution.
Mr.. Jerome asked:
Q.-Do YOU know any reason, why you should not
serve as Juror A.-No: only do not want to
be locked up.
o.--Do you believe your confinement as juror
would inJure your health so that It might affect
your Judgment In the case? Al do not think So
Q-In a capital case such as this. would you re-