The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-01-06
report on each of the first three days
of the trial.
Called to the Bar

report on each of the first three days
of the trial
Called to the Bar
Thaw was called to the bar at 11:27
O'Clock. His appearance showed little
or no change from last year. As soon
as Thaw appeared his chief counsel,
Martin W. Littleton. announced that
the former plea of not guilty by his
client would be amended to read that
the defendant was insane at the time
the deed was committed" Thaw was
seated at the counsel table with Mr..
Littleton, Russell Peabody and Daniel
O'Reilley. District Attorney Jerome
and Assistant District Attorney Gar
win represented the people. Mrs.
Evelyn Thaw attired in the blue school
girl dress which became familiar dur
ing the first trial, was in the court
room when the proceedings began.
She was accompanied by Mrs. Carne-
gle and Josiah Thaw.
Justice Bowling announced that un-
til further notice there would be three
From 1915 a. m. to 1 ,p. M; from
.. m. to p. m. and from q. m. to
10 p. m. He also announced that the
jury would be locked up through out
the trial.
After somewhat informal discus
sion as to the methods of selecting
jurors the work of filing the box was
taken up without further delay. Dis
trict Attorney Jerome undertook the
examination of the. first talesman call
ed to the chair. He was William F.
Miller, a decorator. Miller said he had
known Stanford White casually and
had formed an opinion upon what he
had read of the case. He felt he could
render fair and impartial verdict, and
upon this statement Mr.. Jerome an
nounced that he passed the juror for
cause.
Mr. Littleton, for the defense, brought
out the fact that Miller had had some
business relations with the architect
ural firm of which Stanford White was
a member and that he had been called
but not accepted as a juror at the last
trial. Mr.. Littleton challenged on the
ground of actual bias and was sustain
ed by Justice Bowling. The three tales
men who followed Miller under exami-
nation, were excused because of the un-
qualified opinions they declared they
held. Justice DowHng himself took a
hand in examining some of the propoS-
ed jurors and was inclined to cut the
questioning short. Thomas H. Harmer,
who was foreman of the second Nan
Patterson jury and voted for acQuittal,
was excused because of Illness.
AS to the plea of insanity, Mr. Jer-
ONE explained to each of the proposed
jurors in turn that a person is excused
from criminal liability in this state
only upon proof that he was at the time
of the deed suffering from such a de-
feet of reason as to not know the ma
ture or quality of his act. and that the
act was wrong. He also questioned
each talesman closely as to any opin-
ion held or any conscientious scruple
contained against capital punishment.
Charles e. Grimmels, ship broker.
was called for examination just before
the close of the morning session. He
said he had certain scruples against
capital punishment, but If sworn as a
Juror, he felt he could lay IT aside and
vote for a conviction If the evidence
seemed to warrant 1t. Mr.. Jerome was
inclined to challenge for cause, but
Justice Dowling ordered the examine
tion to proceed. In other ways Mr..
Gremmels was acceptable to the pros
ecution and was turned over to Mr..
Litt1eton of the defense. He was final
ly accepted and took his place in the
foremans chair. Gremmels was not
sworn, however. as it has been decided
not to administer the oath until the box
is filed. All the jurors thus far will be
subject to peremptory challenge up to
the last minute. After Gremmels ac-
ceptance the luncheon recess was Or
dpre6