The semi-weekly messenger., 1908-01-10

summoned for TOday-Three Pro-
ViSiOnal Jurors i'll the Box-Absent
Juror Excused From Fine-Defense
Has Used Eleven of it's Thirty Chal-
lenges and the Prosecution Eight
New York, January S.-The work
lof securing jury 10 try Harry K
TEaw second time for the killing CT
Sta ufOrd White was half complete
when court adjourned shortly before
q o'clock tonight. The original We
nire OF 300 special service jurors had
BEEN exhausted at that hour and the
customary night sitting was not held
Two hundred additional talesmen have
nCen ordered 10 report tomorrow morn
ing
The oath of service was again ad-
ministered TODAY to three men, making
six in all, who have been finally az
cepted. Three provisional jurors were
also in the box at the close Of the days
sessions. Another series of these arbi-
trary removals reduced the panel when
all twelve seats had been filled at
C clock and six chairs were left vacanr
when it finished
The defense has now exercised elev
Ell Of it's thirty challenges and the
prosecution eight.
The sworn jurors, in their respective
positions are. Charles E. Gremmeis,
shipbroker foreman; Arthur r. Naeth-
ing, baker; George w. Cary, dry goods;
George G. Rupprecht,, salesman; john
H. Holbert, mineral waters, and David
E ArrOwsmith, manager.
The provisional jurors are William
McAdie, saleman; George NJ. Metze,
drugs, and James S. Davidson, clerk
The plan of maintaining both per
manent and temporary jurors in the
trial panel until twelve men have
finally been selected for service is uni
Que in the New York courts and has
imposed a double duty upon the guards
who are directed nightly to kept the
sworn jurors and the provisional ones
separate
In the selection of the jury Martin
W. Littleton, Thaw's senior counsel
IS SO conducting the examination of
talesmen as to impress upon them that
should the defence introduce evidence
at the time of the Madison Square
Garden tragedy, the burden of proof
will fall upon the shoulders of the dis
trict attorney and he must prove be-
q d.
fendant was legally sane.
Thaw's attorneys today furnished the
first big surprise of this trial by ad
mitting that several of the expert wit.
nesses who were retained by the dis
trict attorney for the first trial AMI
who declared when Mr.. Jerome made
application for a lunacy commission.
that in their opinion Thaw was 50 in
sane as not to know the nature of the
proceedings against him and was en-
tirely incapable of intelligently ad-
Vising with his counsel. are now un-
der subpoena by the defense.
They made affidavit that in their
opinion that Thaw was suffering at the
ity. These same doctors, however, pre-
v;OUsly testified on the witness star0
III response to Mr.. Jerome's hypOthet-
ical question that they believed that
Thaw knew what he was about when
he killed Stanford White.
This move, it is said is intended by
the defense to block the prosecutions
putting the doctors on the stand and it
IS taken as showing determination
to save Thaw from q conviction even
with the danger of q stay in the in
sane asylum as the alternative.
The alienisLs who were the main
stay Of the prosecutor at the first trial
were Doctors William Mahon, Car
los Mcdonald and Martin Flint.
The defense in the present trial Is
insanity at the time White was killed.
In making out their case the defense
will need to exercise delicate handling
OF it 10 show that Thaw was so derang-
ed at the time as not to know the
nature or quality of his act. and to
show at the same time that he is now
mentally sound
If they are placed on the stand Mr..
Littleton may draw from the three
physicians the opinion that Thaw was