The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-02
DEFENSE IS SATISFIED
AND READY iTOEPR0gEEl
Garvln VIII Make Brief Opening Ada
dress--State viii Introduce Evil
dence to Show Thaw Killed
Stanford White.

New York. February 1.-THE Thaw Jury
as completed late today follows:
Foreman, Deming B. Smith. S.. retired
manufacturer. married: No. 2 George P
Pfafr, Ga, hardware dealer. married; No
3, Charles II. Freclse, 45. shipping agent
married; No. 4. Oscar A. Pink. 46, sales.
man, married; No. 8, Henry c. Harvey
80. pianos, married; No. q, Harry, G. Brea.
ley. 30, advertising agent, married; No
z. Malcolm s. Fraser. 40, salesman. mar.
rfed; No. 8. Charles %. Newton, Go, re-
tired railway. official, married; No. o, VIII
bur 8. Steele, GO. manufacturer, married
No. TO- John s. Dennee, 90, railway freight
agent, unmarried; No. H., Joseph iB. Bol.
ton. 81. clerk. married: NO 10, Bernard
Gerstman. sc. manufactuers'zagent, mar
ried.
The selections or ;thevtwelfthg juror came
at the end ofsa long and tedious day.
the eighth day. of thes strial-and immedi
ately after thisimember of the trial panel
had been sworn in, Justice Fitzgerald
ordered an adjournment until 1920 O'Clock
Monday morning.
District Attorneys Jerome who has been
contending since yesterday afternoon foI
the removal OF one OF the men now In
the jury box. but who failed to gain
the consent of the. Defendants counsel
to a. change, was stffl reluctant as court
| adjourned today to begin the actual pro.
ceedings without a farther opportunity
to plead with Tfhaw's attorneys At his
request, therefore Justice Fitzgerald or
dered all talesmenywho have not yet been
examined to be in court Monday morn
ing Mr.. Jerome then announced that II
there should be no change fn,the situation
the state would proceed to place all Its
direct testimony before the jury at the
Monday morning session.
The defense was notifledAto be In readi-
ness to proceed by Monday afternoon,
I'VE are entirely satisfied with the
jury" said clifford w Hartridge, Thaw's
attorney, tonight and he added the In.
timation that he would not consent to
any further changes.
''The defense will be ready to proceed
the minute the prosecution has finished
its case" declared John B. Gleason, an
other of Thaw's attorneys.
Assistant District Attorney ~Garvan VIII
make the opening address for tine prose-
cutlan His remarks will be BRIEF oc-
cupyng perhaps not moro than twenty
minutes The state then Will introduce
only such witnesses as are necessary 10
prove that Stanford White was shot ana
killed by Harry k. Thaw on the Manlson
Snuare garden on the night OF June 70
In announcing that the prosecution viii
not reolrire more than one session or the
court, Mr.. Jerome Is evidently or the
oninion that the cross-examination or the
states witnesses TO the actual tragedy
may not be very extensive
From the questions which nave so per-
sistently been put to the talesmen by
Thaw's attorneys as to any prejudice
against a plea of insanity. 1t is gem
erally conceded plea of emotional IN
sanity will be the main reliance of the
vcung defendant. This probably Will lead
10 a cross-questioning Of the states VIII
nesses as to any popularity they may
have noticed in Thaw's conduct the night
of the tragedy, in which event the con-
cIusion of the states direct testimony
NAV take longer than is now anticipated
Thaw seemed in the best of spirits as
the last Juror was sworn. Forty taiesmen
had been examined during the day. and
everyone In the court room. including the
defendant himself. was waiting nstessiy
for adjournment, when Bernard Gerst-
nan. who said he was q manufacturers
agent. declared he had no opinion that
would prevent his rendering fair and
IMPARTIAL verdict, and he was not pre1u-
diced against any line Of defense, ana
would give the prisoner the benent OF
every reasonable doubt
"But," suggested District Attorney
Jerome, would you go further than that
and require the state to remove every
possibility of doubtT'
IT would certainly want every doubt
removed" replied Gerstman. before !
would vote to convict in capital case"
Thaw's attorneys were not content to
let the talesman go. and on cross-exam-
nation brought his answers within the
legal requirement Gerstman saying that
he meant by doubt" any doubt that a
reasonable man might entertain.
Justice Fitzgerald held this compe-
tent answer and overruled District Attor-
ney Jerome's challenge
"The people are content" announced
Mr. Jerome. and the juror was sworn.
Thaw smiled. he and his wife exchanging
satisfied glances.
Rumors were in circulation that one and
possibly two more Jurors were TO be ex-
cused from further service. There were
several conferences OF attorneys. and It
was stated that Thaws counsel positive
lv refused to consent to any further re-
movals The days events bore out this
statement.
At the noon recess Mr.. Jerome made
another unsuccessful effort to gain mis-
end.