Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-30

AVE- AOeS-os -
with unusual care, and when II iooheo As
II he might be challenged spoke quickly to
Mr.. Peabody. who sat next to him. AS
result the tenth juror took his seat IN the
box.
Thaw Looked Bad.
Thaw looked worse physically today than
he has at any time since the trial COM
menced He had dark rings under his
eyes and the pallor which was noticeaoie
on the first day had returned. 1t was EVIL
dent that he was suffering from a bad
cold He coughed and had to use his hano
kerchief frequently, and before the morning
session was half over he drew up the heavy
ulster from the back of his chair ana
threw it over his shoulders with a notice
able shiver.
Colds seemed to be epidemic in the Thaw
camp. The Countess of Yarmouth was
| kept at home by one and the Indictment
weather and strain also served to keep
Mrs William Thaw from court. Colds also
were responsible for the absence of Attor-
news Delmas and McPike from Thaw's
counsel table.
In spite of his cold, Thaw was as active
as ever in choosing his own jury. Not
question or answer escaped him, and though
| the eyes which watched the talesmen were
not as bright as usual they apparently took
| in everything that went on. At least two
| talesmen who were apparently caught hrm-
| w in the jury net were liberated by Thaw's
dissenting nod to his counsel.
lie questioning of the jurors this morn
| ing brought out difference of opinion be-
tween Mr.. Jerome and Mr.. Gleason as to
| the necessity of proof. In asking his ques-
| lions of Brearley, the talesmen who was
| chosen. Mr.. Gleason asked if he would re-
| quire that each fact in the case be proved
| beyond a reasonable doubt. Mr.. Jerome
| objected, saying that it was necessary only
| that the more material facts be proved be-
yond a reasonable doubt, and that the con-
| clusion in the jurors mind should be firm.
A long argument followed, which was fl
| nally put to an end by the judge.
| Mr.. Jerome dropped his question today as
| to the talesmans acquaintance with
| Charles W. Baker of Cincinnati, and Mr..
| Hartridge neglected to ask if the tales
man objected to more than one defense.
! Dismissal Of Jurors.
The second week of the trial of Harry K.
Thaw began today with the task of getting
! jury exactly where it had been twenty
| four hours before, with nine men in the
| jury box and the hope of getting a jury
very indefinite. The dismissal of the two
| jurors yesterday, which gave rise to all
sorts of wild rumors as to suspicious of
jury fixing, turned out to be a rather mat
bell juror No. 4, asked to be excused be-
cause of business and family reasons, and
| business reasons, it is understood, were
| also the cause of Harold S. Faire, juror No.
| 6, being excused.
| The last juror chosen yesterday, David
| Strother Walker, is son of John Brisbane
! Walker former editor and owner of the
| Cosmopolitan Magazine. The queer part of
| his acceptance by both the prosecution and
| defense is that in examination he testified
| that he was friend of the Thaw family
| and had been an acquaintance of Stanford
White He took his seat however, without
objection from either side. He is short,
| heavy-set man, with a strong, square face,
! and his straightforward way of answering
| the questions put to him made a very IA
vorable impression on the court room.
| Artists Are Barred.
| There was great stir in the court room
| this morning when Captain Lynch came in
with an order from Justice Fitzgerald that
all sketch artists should be excluded from
the room if they attempted to make any
pictures of the principals Of the case. There
have probably been nearly a hundred art
lists in the court room since the beginning
| of the trial. They have scattered them
| selves around the court room and have
| sketched likenesses of almost every per-
son connected with the case. Some of them
have even gone so far as to caricature the
| judge himself.
| When the order was transmitted all the
| artists in court were warned not to at
| tempt to make sketches and many of them
| got up and left the room, leaving quite
welcome void among the crowded seats of
| the room.
| Thaw's wife and Mae Mackenzie were
early in court this morning. They came
alone and sat in their usual seats.
Two of the most likely-looking jurors of
| the early morning session were. excused
apparently as direct result of a dislike
Thaw had taken to their appearance. They
were Philip A. Messer and Joshua ]. Roth
\ Both of them had passed the questions