Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-01-08
hvr Issue subpoenas for Several
NJ Prosecutions Expert Wit
nesses in First Trial.
|ouI MOVE TO BLOCK JEROME
Ia Prevent Placing These Same
Doctors on the Stand in
Present Prosecution.
.mincd Prisoner Shall Not be
c,,,lcted With Danger of Stay i'm
asylum for Criminal Insane.

&Detfrn1ncu iiiSo
a c,n,cted With Danger of Stay in
Asylum for Criminal Insane.
"A ysw York, Jan. S.-The defense in
a., ,ayo OF Harry *. Thaw. sprung
n x, drst great surprise of the second
81 "a, today by announcing that 1t had
H ,.,,Aa subpoenas for several of the ex-
III ~ witnesses who testified for the
..,sscutlon at the first hearing a year
-, and who, when Dist.-Atty. Jerome
"A ..olIed for lunacy commission, made
d .msayt that in their opinion Thaw at
a enc lime of the inquiry was suffering
a t,om an incurable form of insanity.
4 These same doctors. however. had pre-
,ioaslv testified ON the witness stand
IN response to Mr.. Jerome's famous
& hyrotbetical question, that they believ-
ID Tbaw knew what he was about
,,he, be shot and killed Stanford White
while on the Madison Square roof
garden.
PURPOSE OF MOVE
This move is intended by the defense
as block TO the prosecution in put
fling these same doctors on the stand
ana is taken by some as showing de-
termination that Thaw will not be con-
ylcted even with the danger of a stay
in the asylum for the criminal insane
at Matteawan as the alternative.
The alienists who were the main
stay oithe prosecution at the first trial
were Drs. William Mabon. Carlos
Macdonald and Austin Flint. They
were present at the former hearing
from the very first day and their abb
sence this year has been commonly
noted. The defense IN the present trial
is insanity at the time Stanford White
was Killed. In making out this case
IL will require delicate handling 10
show Thaw so mentally deranged at
that time aa not to know the nature
or guality OF his act, and at the same
time show that he is now mentally
sound.
Drs. Mabon, Macdonald and Flint
sworc that in their opinion Thaw is "a
paranOIac, whose case is incurable. 1t
is undoubtedly the intention of Mr.. Lit
Teton the new chief counsel for the
defense to interrogate and draw from
these men the opinion that Thaw was
also insane at the time of the homicide
and then to limit all testimony as to the
DEFENDANTS mental condition to the
Immediate period of the tragedy.
F,aI Ia lxf d.Afn
would force trial of the case strictly
on Thaw's mental condition in the sum-
mer OF 1906
JEROME'S POSITION.
This IN turn would force Dist. Atty.
Jerome again to apply for a lunacy
and Thaws attorneys are
Confident of his ability successfully to
MI out his claim of present sanity be-
fore such a board.
Just what steps Dist. Atty. jerome
Will take TO combat this unexpected
move by the defense is not known.
The work OF jury building went for
ward today, but progress was slow.
SECURING A JURY.
Predictions were freely made at the
beginning OF this the third day OF the
mai Of Harry X. Thaw of the killing of
Stanford White. that u jury viii not be
decided before the midsle or the latter
Part OF next week. There were but
Three sworn jurors in the box when
court convened at 1915 Il. M, and they
the net proceeds of the
inst two panels of 100 talesmen each.
me third and last pack of the 800 orig
nally summoned reported today and
mere was no thought that IL would fur
llsn all of the material needed to COM
pete the trial twelve. AS result the
0urt ordered 200 additional talesmen
Y summoned to report tomorrow and
'llday. At the first trial some $40 tall
sfen We're examined before a satisfac-
oly jury was empaneled,
The first batch OF talesmen called
Q me witness. chair We're quickly dis
'osed Of as every man had too fixed
~ opinion TO serve as "a fair juror UNI
u John II. Holbert, an elderly man
ND president OF a Spring Water COM
any was reached. Mr.. Holbert said
le had formed something OF an opinion,
lu' he was sure he could lay It aside.
Pc was closely questioned and finally
lcceptcd
Fhilllp j. Goodhart, stock broker.
VINO Was absent on yesterday when his
anne Was called. appeared today and
lale his excuses. The fine of $3.50
imposed on him was RENTED.
uoodhnrt, when he declared he held
~ opinion which could not be changed,
'yl lecture from the court. ending
NNn The order that his name be
'HllkEen from the special list and put
VI me ordinary jury panel.
ambrose shea passed through all the
tuPuhlihoation questions put to him
" opposing counscel but was per-
,,mmplorlly challenged by the district
ns.orney The next half dozen tales
o meh We're excused by consent for varl-
'us causes.
ron sohn Fntwistle, builder. born I'm
,.psHnd' was accepted as temporary :.
,uor MIR, Entwlstle said he had no
,4Slualce against insanity as de-
lne defense used its sixth peremp-
Tx challenge IN the case OF j.
ZINES Butler, II business man. He
Ut me twentieth talesman examined
,s lne morning session. In all 90
. smsnlen were called at the morning
@lon and only two tentative Jurors
y,uFtd from the lot
-,u,heon was ordered In the Thaw
,nS az 1909 o'clock. with two sworn
' sN provisional Jurors IN the box.