Daily press. [volume] (Newport News, Va.) 1896-current, 1908-01-09
THAW JURY BOX NOW
HAS SIX OCCUPANTS
Work Of Securing TWsIve Hen to
Try Murderer If Stanford
White qaIf Completed.
INSANITY PLEA IS MADE STRONGER
Counsel for Defense Admit That They
Have Also Retained Alienisto Who
Testified at First Trial That rhaw
Was still lnsare-Evelyn Takes Ere.
quens Maps During Day.
(Ry Assoc,nled press,


NEW YORK, Jan. S.-Thc work of
securing jury to try Harry X. Thaw.
second time. for killing Stanford
White. was not complete when court
adjourned shortly before six o'clocl,
tonight. The original venirc of 500
had been exhausted at that hour and
the customary night sitting, was not
held
Two hundred additional talesmen
have been ordered TO report tomorrow
morning. The oath of service WAS
administered today to three men. max.
ing SIX in all who have been finany
accepted. Three provisional jurors;
were also In the box Mt the close of
the days session. Another series of
these arbitrary removals had reduced
the panel when all twelve seats had
hccn filled nj O'clock and six chairs
were left vacant when it finished. Thu
defense has now exercised eleven of
lis thirty challenges and the prosecu.
ton eight.
Tho sworn Jurors, In their respec-
tive positions are Charles f. Germmcl,
Shipbroker, foreman: Arthur r. Naeth.
Ing, baker; George W. Cary, drygpods;
George c. Rnppreclit, salesman. John
III. Holbert, mineral waters, and David
Earsmith. manager The provisional,
jurors are William McAdle. salesman;
George NJ. Mcttz. druggist; James S.
Davidson. clerk
The plan of maintaining both per
mancnt and temporary Jurors in The
trial panel until twelve mon have fin.
ally been selected for service Is uni.
nj % IL 4
has imposed double duty upon the
deputies who are directed To keep the
sworn jurors ana the provisional
ones sepcrate. In the selection OF
the jury Martin W. Littleton. Thaw's
senior counsel, is so conductinb his
examination of talesmen as 10 impress
on them that should the defense in.
troduce evidence tending TO show that
Thaw was insane at the time of the
Madison Square Roof Garden tragedy,
the burden OF proof will fall
upon the sholders of thelistrict at.
torney. and that he must | owe he
yond all reasonable doubt t.. ...e de
PENDANT was legally sane. Thaw's attor.
neys today furnished the first big sur
prise of this trial by admitting that
some of the expert witnesses who
were retained by the district attorney
for the first trial. and who declared
when Mr.. Jerome made application 70.
a lunacy commission, that in their
opinion. Thaw was so insane MS not
TO know the nature of the proceedings
against him. and was entirely incapa
BILE of intelligently advising with his
counsel. are also now under subpoena
by the defense. They made affidavit
that in their opinion Thaw was suf
feriFg at the time of the inquiry from
an incurable form of insanity These
same experts previously testified oi,
the witness stand in response to Mr.
.'erome's Hypothetical question. that
they believed Thaw knew what he was
about when he killed Stanford White
This move. ii is said Is Intended by the
defense to block the prosecution
putting the doctors on the stand and
it is taken a. showing determine.
lion to save Thaw from conviction
even with the danger of stay in
the insane asylum as the alternative
The alionists. who we're the mainstay
OF the prosecutor at the first trial
were Drs. William Mabon, Charles
Macdonald and Austin Flint.
The defense in the present trial is
insanity Mt the time White was Killed
Defense Has Delicate Task
In making out their case the defense
will need to exercise delicate handling
Of it TO show that Thaw was so de
ranged mt that time as not to know
the nature or quality of his act and
to show at the same time that he IL
now mentally sound.
If They are placed on the stand MIR
I.ittleton may draw from the experts
the opinion that Thaw was also insane
at the time of the homicide and then
endcavor TO limit all testimony as to
the defendants mental condition to
tho immediate period of The tragedy
II successful in this the defense would
force a trial of the case strictly on
the ground of Thaw's mental condition
of summer of 1906. This would frocc
District Attorney jerome again to an
ply for a lunacy commission and
shonld this occur Tliaw's ATTORNEYS
are confident of their ability to sue
cessfuly establish his claim OF present
sanity
The first batch OF taIcsmcn called
to the witncsa chair when court con