Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1908-01-09
His Case Is On and Half
the Jury Has Been
Secured
Defense will Put Up Plea
Of Insanity at Time Of
/ the Tragedy
TRlallW's Attorneys Are Con.
fident to Make Claim
Of Insanity Stick

New York, Jan .8-The work oil
SECURING jury to try Harry X. Thaw.
the second time, for the killing of
I stanford White, was half complied
ARken the court adjourned shortly be-
fore s o'clock tonight.
The original venire OF 200 special
service jurors had been exhausted at
that hour and customary night sitting
was not held. Two hundred addition
ial talesmen have been ordered to re-
port tomorrow morning and the task
of seeking satisfactory trial jurors
viii be resumed. The oath Of service
was administered today to three men,
making six in all who have been fin
ally accepted.
Thre provisional jurors were also
in the box at the close Of the days
session. but they are still subject to
peremptory challenge,
Another series of these arbitrary
!, removals reduced the panel when all
twelve seats had been filed at 4
o'clock and six chairs were LEFT vac
ant when it was finished. The de-
Tense has now exercised all Of It's
thirty challenges and the prosecution
eight.
The sworn jurors in their respective
positions are:
Charles e. Gremmels, shipbroker,
foreman.
Arthur r. Naething, baker.
George w. Cary, dry goods.
George G. Rupprecht, salesman.
John Fl. HolberT, mineral waters.
David p. Arrowsmith, manager.
The provisional jurors are william
McAdie, salesman; George M Mettze,
drugs; and Jas. s. Davidson, clerk.
The plan Of maintaining both perm
emit and temporary jurors in the
trial panel until 10 men have finally
been selected for service is unique in
New York. and has imposed double
duty upon the guards, who are di-
rected nightly to keep sworn jurors
and the provisional ones separate.
4 in the selection of the jury, Mar
Vim w. Littleton, Thaw's senior coun-
MI, is SO conducting his examine
l(rion Of the, salesmen as to impress up
Il ion them that should the defense In
troduce evidence tending to show that
Thaw was insane at the time Of the
Madison Square Roof Garden tragedy,
the burden Of proof will fall upon the
shoulders Of the district attorney and
ne must prove beyond all reasonable
doubts that the defendant was legal
~ sane
This principal Of law was not SO
clearly enunciated at the former
trial.
ThaW,s attorneys today furnished
the first big surprise Of this trial by
admitting that several of the expert
witnesses who were retained by the
district attorney for the first trial and
who declared, when Mr.. Jerome made
application for the lunacy commission,
that in their opinion Thaw was SO in.
sane as not to know the nature OF
the proceedings against him and was
Entirely incapable of intelligently ad.
vising with his counsel, are now un.
der subpoena by the defense.
They made an affidavit that in their
opinion Thaw was suffering at the
OF injury from an incurable form al
insanity. These same doctors. howev
er, previously testified on the WIT
ness stand. IN response to Mr.. Jer
ONES famous hypothetical question
that they believed Thaw knew what
he was about when he shot and killed
Stanford White. This much, 1t is
said. is intesied by the defense te
block the prosecution by putting doc
Continued to page A.