The Birmingham age-herald., 1908-01-09
BIG SURPRISE FURNISHED
 IN THE THAW CASE
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 asylum for criminal insane at Mattewan, as the alternative.
 The defense in the present trial is in- sanity at the time White was killed In making out the case the defense will need to exercise delicate handling of it to show that Thaw was so deranged at that time as not to know the nature or quail fly of his act and to show at the same time that he is now mentally sound.
 More Talesmen Needed.
 There were but three sworn jurors in the box when court convened at 10:45 d. m., and they represented the net pro- ceeds of the first three panels of 100 talesmen each. The third and last panel of the original 300 summoned reported today and there was no thought that it would furnish all of the material needed to complete the trial 12
 As a result the court ordered that 200 additional talesmen be summoned to re- port tomorrow and Friday. At the first trial some 37O talesmen were examined before satisfactory jury was empan- eled. The first batch of taesmen called to the witness chair were quickly dis posed of as every man had too fixed an opinion to serve as fair juror, until John P. Holbert, an elderly man, and | president of a spring water company was reached. Mir Holbert said he had formed something of an opinion, but he was sure he could lay it aside. He was closely questioned by District Attorney Jerome | and MT. Littleton, and was finally ac- cepted.
 Philip J. Goodhart, a stock broker, who was absent when his name was called. appeared today and made his excuses. The fine of $25O imposed upon him was remitted by Justice Bowling.
 Goodhart was then examined for jury duty and when he declared he held an opinion which could not be changed. he got lecture from the court, ending with the order that his name be stricken from the special and put upon the ordinary jury panel Similar action has been taken in the cases of several other talesmen.
 Ambrose Shea passed through all the disqualifying questions put to him by opposing counsel, but was peremptorily challenged by the district attorney. The next half dozen talesmen were excused by consent for various causes.
 John Entwistle, a builder, born in Eng land, was accepted a temporary juror. MT. Entwistle said he had no prejudice against insanity as a defense
 Sixth Challenge.
 The state used it's sixth peremptory challenge in the case of J. Holmes But Ter, a business man. MT. Butler sue cessfully answered all questions touching Ia VVn to serve, however, saying his business would go entirely to pieces if he should be compelled to do so He was the 2Oth talesman examined at the morning ses- sion.
 In all 29 talesmen were called at the morning session and only two tentative jurors secured from the lot. Recess was ordered until D. m.
 Within 20 minutes after the afternoon | session began another tentative juror had | been secured in David E. Arrowsmith, i manager of a carpet cleaning concern. MT. Arrowsmith is a young man and | seemed to pass an ideal examination. l
 Filling the eleventh place proved a hard | task and nearly a score of succeeding 1 talesmen were dismissed by common con- l sent after they had been examined.
 The monotony of the examination and | the heat in the court room caused Mrs. | Evelyn Thaw to drop off to sleep several | times, much to the amusement of her 1 husband, who smilingly called the at | tention of his counsel to the nodding | figure.
 Clarence E. Anderson. a real estate | broker, said he had read very little of | the first trial and had no opinion what | soever. As to the laws of insanity he | assured counsel of both sides that he | would accept without question the in- i structions of the court. He was accept ] ed provisionally as a juror.
 Consultation Held.
 George w. Hubbell an insurance act l uary, was chosen shortly after o'clock , as the temporary occupant of chair No. 12. MT. Littleton tried to disqualify him for cause after he had let slip the state | ment that he felt that the defense of insanity had been abused, but failed.
 The exercise of peremptory challenges i, being in order again. the opposing at | torneys were granted ten minutes for | consultation.
 When the lawyers were ready to pro- ceed District Attorney Jerome announced l that Juror Anderson as No. Il. would l be excused by consent. The people per- | emptorily challenged Juror Maginn. No. l 6, and Juror Cranston, No. :. On be- | half of the defense, MT. Littleton chal- 1 lenged Juror Greenbaum. No. g. Juror l Entwhistle No. g and Juror Hubbell, No. | 12, whom he had just tried to disqualify.
 The winnowing of the jury list left | three new actual jurors avalable-Rup- precht salesman: Holbert the head of 1 spring water company, and Arrow smith, manager of business house. With Thaw standing and facing them, the three men took the oath of service. making six in all sworn on the trial panel.
 The attorneys at once set about filling the vacant chairs again.
 Hard Hours Work.
 It was more than an hour before the