The Barre daily times. (Barre, Vt.) 1897-1959, 1908-01-06
And Second Venire Called in
ThaW Case
OPENING THIS FORENOON
Names Of First venire Had Been Pub
lished by Mistake Last Friday
Evelyn Thaw May Be Barred
as a Witness.

New York, Jan. 0--One hundred tales
men Of specially selected panel Of
800 appeared in the criminal branch Of
the Supreme court this morning to quail
ify to sit in the second trial of Harry X
Thaw for the murder Of Stanford White
Owing to the fact that Justice Dowing
had to charge the January grand jury
and dispose OF certain routine court du-
ties, the actual trial Of Thaw did not
begin at promptly as had been expected
Unless something unforeseen develops,
such as sudden application for an IN
sanity commission, illness OF the defend
ant or counsel, there is no prospect OF
short trial. The attorneys hope to
complete the jury in fortnight.
The first venire OF 100 jurymen was
dismissed at the opening OF court be-
cause their ames had, through an error.
been publisl ed Friday The second list
was Immediately summoned and they be-
gan arriving soon after the first batch
scattered.
The case was called at 1887. The
court room was cleared and the doors
were opened for those concerned in the
case 1t was agreed that Iittleton, SEN
ior counsel for Thaw, could interpose
with his plea of not guilty, the plea that
the defendant was insane at the time
his alleged crime was committed As
Thaw entered the court room, his wife,
with Mrs. Carnegie and Josiah Thaw.
also came in. Evelyn was dressed much
as at the first trial, her general appear
ance being that of girl in her teens.
1t is said that Evelyn Thaw, wife
Of the respondent, may be barred from
testifying this time She was allowed
TO testify at the first trial, upon the
theory that it was her story, told to
Thaw in Paris in 1908, two years before
their marriage, that planted the seeds
Of temporary insanity in his brain. The
prosecution was not allowed to test the
truth or falsity Of the story, the court
rule being that regardless Of its truth
the issue had to do solely with the Ell
feet upon the defendants mind. Even
cross-examination was allowed only on
the ground Of testing the credibility Of
the witness in general way.
District Attorney Terome's course AZ
regards the all-important testimony Of
young Mrs. Thaw win be- watched with
the keenest interest II her story is
deemed admissible by Justice Dowling,
1t IS declared that the cross-examination
to which she viii be subjected viii be
far more severe even than the first one
District Attorney Garyan spent several
mouths abroad last summer and covered
much Of the ground included in the
travels Of Harry Thaw and Evelyn Mes
bit during the two trips abroad which
preceded their marriage. and it is said
Mr.. Jerome will be able to confront her
with incidents of the European trips not
limited at during the first hearing.
Mi Jerome will fight for 4 reversal Of
the rules laid down at the first trial re-
garding the Testimony OF the experts
who declared that Thaw was insane as
the time he committed the act and for
two months thereafter Mr.. Jerome
sought to cross examine them as to sub I
sequent visits III his attempt to show
that Thaw, If insane when he killed
Stanford White. had continued insane
ever since Justice Fitzgerald would not /
permit any questions as to other visits
tnan those mentioned in the direct ex
animation.