Evening journal., 1908-01-08
SLOW PROGRESS
IN THAW CASE
lcontInued FrOm Flrat PaRe.l

eContinued From First PaRe.)
increased upon the filing of the suit for
divorce brought by her daughter, Alice,
wife of the Earl of Yarmouth. the
opinion being that the suit was brought
at this time in order to divert the
stream of cash flowing into the Earl's
pocket.
While Mrs Thaw has made no ap-
peal for assistance. she will. find plenty
Of friends. Nearly the entire Thaw
estate. which comprises the celebrated.
Coke Trust, is held intrust by terms of
the win of the elder Thaw and the in
terest alone can be used.
Evelyn Thaw in Court.
Mrs. Evelyn Nesbit Thaw arrived at
the court room shortly after 10 o'clock,
unaccompanied. AS she passed through
the side door she smiled at the police
man on guard there an6 said:
Il think 1 have stolen a march on
them all this morning. The crowdl
wont have a chance to jostle me-"
Mrs. Thaw went into one of the ante
rooms and was permitted to chat With
her husband before the court proceed
ings opened. ~
It was 10.45 when Thaw entered the
court room by the rear door. Stimuli
taneously his wife came through the
side door of the judges chamber. Their
eyes met and they exchanged smiles
Justice Dowling was decidedly per-
turbed over the bowling out of nine
of the men who had been chosen upon
last night and is said to be consider
ing a plan to compel the counsel to
exercise their peremptory challenges
before prospective jurymen are allow
ed to enter the box.
The first work Of the court this morn
ing was the ordering of 800 extra
veniren~an.
John Bnterwhistle a contractor and
builder, who says he sis over so years"
was accepted subject to peremptory
challenge as juror No. at 1915 p. m.
Martin w. Littleton. in defense Of
Harry X. Thaw. executed his first coup
to-day by subpoenaeing as witnesses
for the defenses three Of the star wit
nesses used by District Attorney Je-
rome in the former trial-Drs. Austin
Flint, Carlos Macdonald and William
Mabon All three of these experts
teNtified at the previous hearing that
Thaw was insane at the time he killed
White, but qualified their testimony by
stating that possibly his mental weak
ness did not prevent him from realizing
that he had con.nitted a crime. Little
ton indicated that if he cannot secure
the liberty of his client he viii at least
save him from Sing Sing by having
him sent to Matteawan.
At this stage Of the game Littleton
is bending every effort to prove Thaw
insane when he killed White. eli also
alleges that the prisone~ is sane at this
time, but it is said the defense will not
try to prove this now. Instead, if Lit
tleton can convince the twelve men
who will decide Thaw's fate that his
client was insane on the night OF the
Madison Square Garden Roof tragedy
and get him absolved from the charge
of murder. he will then ask for an in
sanity commission AMI endeavor TO
prove to that body that Thaw is some
at the present time. Should he sue
ceed in both moves his client will, of
course, be freed.
/ 1t is in view Of the subpoenaeing
| them to-day that Littleton has found q
way Of getting before the jury the
statements Of eJrome's former experts
that Thaw was insane when he shot
White. at the same time keeping out
their opinion that the prisoner is in
/ sane now. f -. ..
Jerome refused to comment on Lit
/ tleton's latest move.
When the noon adjournment came,
the only progress shown by the morn
ing's work was that two additional
veniremen had qualified as tentative
/ Jurors out Of 20. There were three
sworn jurors in the box and six others
who occupied chairs, but remained sub
ject to peremptory challenge.