The Mena weekly star., 1908-01-16
SURPRISE IN THAN TRIAL
Jerome's Expert Witnesses in First Trial Subposnaed by Attorneys
 for the Defense.
MAY FORCE NEW LUNACY COMMISSION
In the Former Trial the Doctors Swore That Thaw Was a Parsnolao, and ncurable--Jerome's Action Prob ematcal-Llttle Progress In Get ting Jury.

New York, Jan. s.-The defense in the case of Harry K Thaw sprung the first great surprise of the second trial Wednesday by announcing that 1t had issued subposnaes for several of the expert witness who testified for the prosecution at the first hearing year ago and who, when District Attorney Jerome applied for a lunscy commis- sion. made af1davit that in their opin- ion that Thaw at the time of the in- quiry was suffering from an incurable form of insanity. These same doctors, however had previously testified on the witness stand, iR response to MT. Jsroms's famous hypothetical Ques- tion. that they believed Thaw knew what he was about when he shot and killed Stanford White on the Madison Square roof garden. This move Is in- tended by the defense as block to the prosecution in putting these same doctors on the stand and is taken by some as showing . determination that Thaw shall not be convicted even with the danger of a stay in ths asy- lum for the criminal Insane at Matte wan as the alternative.
 The aienists who were ths main stay of the prosecution at the first trial were Drs William Nabon, Carlos Macdonald and Austin Flint They were present at the former hearing from the very first day and their sb- ssncs this year has been commonly noted
 The defense ia the present trial is insanity at the time Stanford White was killed. In making out this case 1t will require delicate handling to show Thsw SO mentally dersnged at that time as not to know the nature or quality of his act, and st the same time show that he is now mentally sound.
 Drs. Msbon, Mcdonald and Flint swore that in their opinion Thsw Is paranoiae, whose ease is ineuraele. It is undoubtedly the intention of Mir. Littlston, the new chief counsel for the defense, to intsrrogste sRd draw from these men the opinion that Thsw was also insane at the time of the homicide and then to limit all testi- mony as to the defendants mental condition to the immediate period of the tragedy. If successful in this the defense would force s trial of the case strictly on Thaw's mental condi- tion in the summer of 1906
 This in turn would force District At tornsy Jerome again to apply for lunaey eommissie2 aAd Thaws attor- neys are confident of hs ability sue csssfully to all out his claim of pres snt sanity before such . board
 Just what steps District Attorney Jerome will take to combat this un- expected move by the defense is not known.
 The work of jury buildisg went for ward Wednesday, but progress was slow. Predictions wcrs freely made at the beginning of the third day of the trial that . jury will not bs se- cured before the middle or latter part of next week. There were but three convened at 10:f6 \. m. and they rep resented the net proceeds of the first two panels of 100 talesmen each, The third and last panel of ths zoo orig- inally summoned reported Wednesday and thers was no thought that il would furnish all of the material needed to complete the trial twelve.
 As result the court ordered 200 ad- ditional talesmsn be summoned to re- port Thursday and Friday At the first trial some sT0 tslesmen were ex- AmiRsd before 6 satisfactory Jury was empaneled.