The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1908-01-08
SubpOenaS Prosecution s
Alienists as Safeguard
Against Electric Chair
or Sing Sing.
Two More Provisional
Jurors, Bringing Num-
Der to Nine, Are
Selected.

NEW YORK, Jan. &-Chief Counsel
Martin W. Littleton, Ia the defense of
Harry X. Thaw for the murder OF Stan
ford White, executed his first coup To-,
day by subpoenaing as witnesses for the
defense three of the star witnesses used
by District Attorney Jerome in the
former Thaw triaI-Dvs- Austin Flint,
Carlos Macdonald, and William Mabon.
Three OF these experts testified at the
previous hearing that Thaw was insane
at the time he killed White. but qualified
their testimony by stating that possibly
his mental weakness did not prevent hts
realizing that he committed q crime
when ne killed White.
LittletOn's move was obvious. By it
he indicated that II he cannot secure
the liberty of his client he will at least
save him from Sing Sing by having him
sent TO Matteawan,
At this stage OF the game Littleton
IS bending every effort 10 prove Thaw
insane, when he killed White. He also
alleged that the prisoner Is of sane
mind at this time. but il is expected
that the defense viii not attempt 20
prove this to the jury now being Sc
lected.
Seeks Double Victory.
II Littleton can convince the jury that
his client was insane the night OF the
Madison Square Garden roof tragedy,
and get him absOIved from the charge
OF murder he viii then ask for an in
sanity commission and endeavor TO
prove TO that body that Thaw Is sane
at The present time. Should be succeed
in both moves his client viii, OF course,
be freed.
1t is believed. IN view OF his subpoena
ing them today, that LittIeton has
found a way to get before the jury
the statements Of Jerome former ex-
perts that Thaw was insane when he
shot White at the same time keeping
cut their opinion that the prisoner is
insane now
Jerome refused 20 comment on Lit
tleton's latest move.
When the noon adjournment came
the only progress shown by the morn
1ngs work was that two additional We
niremen had qualified tentative iur-
Ors out OF tWenty-nine examined out
OF the session. There we're three swOTE
Jurors ia The box and six others who
occupied chairs, but remained subject
10 peremptOry challenge
The men selected today are John II.
Holbert and John EnteTWhistle, the lat
Ter man past sixty years.
Clearing the Box.
The box was filled with provisional
jurors at the beginning of last nights
session, but one was dismissed by con-
sent and each side peremptOTily chal-
lenged four
Clerk Penny called the names of the
last of the 100 members Of the first
panel, thereby delaying the examina-
tion Of talesmep until 1915 a. m. Josiah
Thaw was the first of the prisoners
family to enter the courtroom.
II was exactly IO:4s o'clock when
Thaw entered the courtroom by the
rear door simultaneously his wife
came through the side door from the
judges chamber Their eyes met and
there was an exchange Of smiles. The
prisoner walked through the rallied in
closure carrying his overcoat and the
portfolio containing his morning mail
The first order OF the court this morn
ing was the ordering Of a new panel
Of 200 additional veniremen, the first 100
of whom will report tomorrow, the sec
ond on Friday.
The first taIesman called was John
Schreiner, a builder Mr.. Schrelner was
excused by consent, after making a
conflicting statement in regard TO an
opinion that he held
John H Holbert. OF $50 Longwood
avenue, Bronx, who described himself as
president OF a spring water company at
I26 West Thirty-sixth street, suited Je-
rome. He had a slight impression, he
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