Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-01-09
In the ThaW 1rilaI---200
More Ta|esnlsn Called.
Defence Surprises jerome b.
Summonlng HIS Experts.
Would Force q Trial On nIs Mental
Condition In 1906. ~

second time for killing Stanford
White was half completed when court
adjourned shortly before 8 o'clock to-
night. The 800 original talesmen sum.
moned were exhausted and the usual
evening session was not held. Two
hundred additional talesmen have been
ordered to report tomorrow morninE.
The oath Of service was administer.
ed today to three men, making six IN
all who have been finally accepted.
Three provisional jurors also were III
the box at the close of the DAYS so6s
sion, but they are eth subject to per-
emptory challenges. Another storm
OF those arbitrary removals struck the
panel when all twelve seats had been
filled at o'clock and six chRirs were
left vacant when 1t subsidized. The der
fence now has exercised IL of its q
challenges and the prosecution 8.
The sworn Jurors in their respective
positions are: r 4N
Charles E. Gremmels. shipbroksr.
foreman; Arthur r. Naething. baker:
George w. Cary, dry goods: George
c. Ruppreht. salesman; John H. Hot.
bert. mineral water and David T..
ArrOwsmith, manager. The provi-
sional jurors are William Meade,
salesman; George NJ. Mettze, druggist
and James g. Davidson clerk. -'z -,
The plan of maintaining both per.
manent and temporary jurors in the
trial panel until IL men finally ore
selected for service is unique In tho
New York courts and has Imposed .
double duty upon the guards, who are
directed each night to keep the sworn
jurors and the provisional separate.
In the selection of the jury. Mar
tin w. Littleton. Thaw's senior coun-
sci. is conducting his examination nf
talesmen as to indelibly impress UP.
on them the fact that il the defence
introduces evidence tending to show
that Thaw was insane at tho time OF
the Madison Square Roof Garden
tragedy, the burden Of proof falls up
on the shoulders Of the district at.
torney and he must prove beyond a
reasonable doubt that the defendant
was legally sane. This principal Of
law was clearly announced at the for
ner hearings. S--- '4a '.'., '-' III
Thaw's attorneys furnished the first
big surprise by intimating that several
Of the expert witnesses who served
on the staff Of the district attorney
at the first trial, and who declared
when Mr. Jerome made application for
lunacy commission that, in their
opinion. Thaw was 30 insane as not
to know the nature Of the proceedings
against him and was entirely incapable
Of intclligently advising with his
counsel are now under subpoena by tha
defence.
They made affidavit that in their
opinion Thaw, at the time of the IN.
quiry, was suffering from an incurable
form of insanity. Theee same doctors.
however, had previously. testified OH
the witness stand In response to Mr..
Jerome's famous hypothetical question
that they believed Thaw knew what
he was about when he shot and killed
Stanford White. This move. 1t 70 said.
is intended by the defence asa block
to the prosecution In putting these same
doctors on the stand. ana 10 taken BY
Some az showing o liberalization that
Thaw shall not be convicted even with
the danger Of a stay In the aaylum for
the criminal insane at Matteawhn. Ths
defence in the present trial " insanity
at the time White was killed. In, max.
ing out this case IL viii require delicate
handling to show ThAw 70 mentally
deranged at that time a. not 10 know
the nature or quality Of his act and Gs
the same time show that he Is now
mentally sound. +, Una
II they are placed on the stand, Ne.
Littleton may tnterrogerate and draw
from these doctors the opinion that
Thaw was also insane at the time OF
the homicide and then cGneaior to
limit all testimony as to- the Edsfen.
dant's mental condition to the imme0a.
ate period Of the tragedy. s:'s%tN g.
If successful In this the defence
would force a trial OF the. case strict.
" on Thaws mental condition In tho
summer of 1906. This, II, turn would
force Dktrict attorney Jerome to assin
apply for lunacy communication land
Thaw's attorneys are confident zof his
ability to successfully fight. OUT his
claim Of present sanity before such 6
board. r. %ss-- n -
CONTINUED on Page Two.)