The Washington herald., 1908-01-08


sworn, subject 10 peremptory ehai-
Iengc.
New York, Jan. THE second day Of
the second trial of Harry X Thaw for
the murder of Stanford White ended at
Il o'clock tonight. with three jurors who
had been sworn and accepted as perma-
nent Jurors and four jurors who are still
subject 10 the peremptory challenge from
either side. After the box had been filled
with provisional jurors nine Of them were
dropped, one by consent and eight by
peremptory challenge. The other three
were then sworn and they will hear the
testimony in the case. unless something
extraordinary develops that would dis
qualify them.
The three who are accepted are Charles
Z. Gremmels. a ship broker. and foreman
of the jury; Arthur A. Naething. a baker.
and George w. Cary.
The men who We're dropped out by
peremptory challenge were John r
Hatchett, Charles c. Goss, Otto c. Weiss,
Albert II. Frazier, George b. Morewood,
FLOYD S. Sanford Maurice BouviGr and
Frederick ". Pitcher The first four were
challenged by District Attorney Jerome
and the last four by Martin w. LittIeton,
Thaw's counsel. The man dropped by
consent vas William H. Roberts.
Justice Is DfspIeased.
After the nine had been taken out Of
the box the other three were sworn. and
the work Of taking provisional jurors
went on, Justice Dowling remarking:
Il don't see that much time is saved by
this method"
Justice Bowling then announced that
when al the talesmeH on that panel had
been exhausted that he might 90 back to
the method usually used in this county OF
the peremptory challenge being used be-
fore the juror went into the box if It
were to be used at ali.
In order 10 exhaust the panel. which
was the second of 100 each Justice Dow
ling held court until an hour after the
hour scheduled for adjournment He said
that ninety-two talesmen had been exam
ined during a day, a good record, and
thanked the lawyers for the work they
had done
In all l49 talesmen have been examined,
and out Of that number eighteen were Sc
leeted Professionally, Of which three have
been sworn so far.
When the court officers were leaving for
the night with the seven jurors, three
nd Fsarr. h., I,.g
Mr.. LituetOn called the attention Of Mr.
Jerome 90 an interesting situation, which
MT. Jerome communicated 20 Justice
bowling. 1t was this:
Would it be right for the three jurors
who had been sworn to communicate with
the four jurors who had not been sworn ?''
VIII Be Kept Apart.
Mr.. Littleton said he did not want TO
raise any issue, and he was willing to
maze any waiver that would meet the
situation, but he felt that 1t should be
called 10 the attention of the court. After
thinking it over Justice Dowling said 1t
would be well to avoid possibility Of a
technical dispute, so he instructed tbs
court officers to keep the three jurors
who have been sworn separate from the
four who have not.
A third panel of 100 talesmen will be
IN court al l0:SJ O'Clock tomorrow morn
ing. Justice Bowling may get around the
proposition OF having the jurors sepa-
rated in two groups by having the per
emptOry challenge used on this panel.
Jury BOX Filled,
It was few minutes after ) o'clock
when the jury box was flIed-provision-
ally flled-for the first time. No one who
had been observing the trial felt that the
jury would remain as il stood: Mr. Je-
rome and Mr. Littleton had conference
and then Mr. jerome said that he thought
that if there was an adjournment until
the evening session at s o'clock counsel
for both sides would have a better knowI-
edge of what they intended to do. Jus
tice Bowling said II was a reasonable re-
quest, and granted it promptly,
A part of the second panel of 100 tales
men had been exhausted at that time.
Man after man had appeared and said
that he had such a fixed opinion on the
innocence or guilt of Thaw that he would
carry II with him 10 the jury box and II
would influence his judgment no matter
what evidence he heard. The men who
made this answer were sent out of court
N hurry, and there were many of them
As on the first day, every effort seemed
10 be made by Justice Bowling and the
lawyers TO prevent unnecessary delay in
getting jury
One thing facilitated the prompt dis
p0sal of certain talesmen. They were the
men who said that they had such opin-
ions that it would require evidence to re-
move them. Early in the day Justice