The Washington herald., 1908-01-07
NINE THAW JURORS
ON THE FIRST DAY
Continued from Page One.

Mrs. George Lauder Carnegie. Thaw's
sister, and Josiah Thaw, Thaw's half
brother, were present.
They were the only other members of
the Thaw family in court. The Countess
Of Yarmouth is having her own troubles
in Europe; but perhaps the most not
able absentee was the stern-faced, black
robed Mrs. Mary c. Thaw. the defend
ants mother who is sick in PittsbuTg.
Mrs. Evelyn Nesbit Thaw is a sturdier
looking girl than she was a year ago.
The paleness has left her cheeks. which
are now actually rosy and we'll filed
out, and the schoolgirl gown, much the
same as affected at the first trial. re-
veals a figure just a trife more plump.
The style of her hat she has changed
bit, bat It droops back over her head,
and on the top of 1t IS a big cluster Of
violets. over which long blue veil had
been thrown rakishly.
Smiles at Her Husband.
At times the young woman was almost
yivacious until she caught the eye OF
some one watching her Whenever there
was anything amusing she smiled behind
l
made no concealment Of the smiles and
slances she passed 10 her husband. Once
ne communicated something TO her simply
by moving his lips. but she understood
evidently. for she answered in a similar
way. Josiah Thaw and Mrs. Carnegie
said very few words to her, and they left
her IN the courtroom a. o'clock, an hour
3 h..f
The methods of Justice Bowling are
almost the opposite of Justice Fitzgerald,
who presided at the first trial His man
ner is alert, and he rules on all questions
promptly once or twice when Mr.
Jerome and Mr.. Littleton showed a de-
sire 10 become oratoricaI Justice Bowling
shut of with euickness that astonished
those who remembered how Michael Del
phin Delmas and Mr.. Jerome had been
allowed 10 overwork their yocabularies.
But il could not be said that Justice
DOWling was harsh or unreasonable. A
pleasant and responsive smile disclosed
sense OF humoT, and in the two slight
encounters between Mr.. Jerome and Mr..
Iittleton his decisions left the honors
even.
VIII Lock Up Jury.
The jury Will be locked up during the
trial Justice bowling made this an
nouncement at the outset. He added,
however. that the jury would be sent TO
a frst-class modern. ~fireproof hotel in
order 10 allay the feSrs of any Of the
talesmen that they would be sent to
hotel where they would be uncomfortable.
A protest was made by Mr.. Littleton
again locking up the jury He had no
objection personally, he said, but the
men selected were picked men, every pre-
caution had been taken TO get the very
best men, and the proceeding OF detaining
a jury was a relic Of a barbaric custom.
He was told at once by Justice Dowlirg
that the court would take the response
bility for that.
II developed in the course OF the day
that not a few Of the talesmen examined
did not want to serve because OF business
and personal reasons. Justice Dowling
said that every juror would have lots Of
time 10 look after his affairs. and it was
explained that while the jury viii be
locked, they will be allowed to receive
every reasonable communication.
There was a delay OF about an hour
while Justice Dowling was swearing in
a special grand jury, when District At
toruey Jerome said:
i move the trial of Harry X. Thaw
for the murder of Stanford White"
Thaw Called 10 the bar.
Harry X. Thaw 90 the bar" said Clerk
William Penney. and the second trial of
Thaw for his life began
Concerning the conduct Of the trial Jus
tice Bowling announce that women, ex-
cept reporters. would be excluded from
the courtroom, and cameras would be
kept out as evil things. Thereupon Mr..
LittletOn. whose manner was confident
and who talked to the point made an
announcement that had been expected.
that Thaw's defense would be straight in
sanity-that ne did not know the nature
and quality OF his act. and that it was
wrong when he shot down White on the
roof of the Madison Square Garden on
the night OF June -. 1905.
In the morning and afternoon session,
thiTty-five talesmen were examined be-
fore the five Jurors We're obtained. Every
second man had opinion of Thaws guilt
or innocence. or something else that
would disqualify him as a juror. and in
each case Justice Bowling ordered Clerk
Penney TO notify the commissioner Of
jurors to have their names stricken from
the special panel list Thomas H. Har-
mon. who was foreman Of the second Nan
Patterson jury which disagreed. was eX-
cused by consent
First Juror Selected.
Four talesmen had been examined when
Charles B. Gremmels shipping
broker. at 30 South street. was picked out
after a long examination. He said he had
conscientious scruples against the death
penalty, but he would lay them aside
when he got into the jury box and bring
in verdict Of murder in the first degree
if the evidence justified it. He explained
that while he would retain his consci-
entious scruples against the death pen
atty, ne laid the responsibility on the law.
John r. Hatchett. a cigar dealer of 137
West Eighty-third street, was agreed upon
next. In picking him out. Mr.. Littleton
won a point over Mr. Jerome Mr.. Little
ton said that the burden was on the
prosecution to show that Tbaw was sane
when he killed White. which was disputed
by Mr. Jerome but Justice Bowling held
that it would be necessary for the prose-
cution to prove on the whole case be-
yOnd a reasonable doubt that Thaw was
sane when he killed White.
Have Strong Opinions.