The Washington times., 1908-01-09
Breach Seen Between
ThaWS and EVELYN,
Harry'S Wife.
Examination of Jurors
Continues, With
Slow Results.

NEW YORK, Jan. e.-Edna Goodrich.
the actress who introduced Evelyn Mes
bit TO Stanford White, stands q good
chance today Of being compelled to ex-
plain TO Justice Dowling why SHE
should not be declared in contempt Of
court.
One OF Attorney Martin LLttleton's
subpoena servers sat through the per
f0rInance At the Grand Opera House
last night, where she is appearing as
Nat GoodWin's leading woman, and at
the conclusion served Miss Goodrich
with a subpoena TO appear as a witness
for Harry Thaw IN his trial for killing
Stanford White. He handed il 10 her
as she emerged from the stage door.
He reported 70 L4ttlelon today that
she tore the subpoena in halves and
threw it into the street. declaring she
would pay no attention 20 Il.
Mr. Littieton Is now considering the
question OF asking the clerk to issue
an attachment for her, having her
brought into court and compelled to ex-
plain.
Delay in Opening.
Owing 10 delay IN calling The fury
roll. proceedings today started twenty
minutes late Mrs. Evelyn Thaw was
the only member Of the Thaw family
present, BAT she and her husband did
not even exchange glances as he
sloUched iLto the courtroom ana took
his seat at the side OF his counsel
only severity cf the panel of 100 re-
sponded 10 the roll call, and the ay-
sentees we're fined 800 each.
The first three candidates for Jury
duty drawn by Clerk Denny proved dis
qualified by law for jury service. while
Harry K Spalding, a manager. and Lee
Mergenthe, a produce merchant. both
had opinions and were excused
No. proved satisfactory To both sides
and was assigned 10 seat No. 10 in the
jury box he was Frank Manning, forty
seven years old, an insurance broker.
connected with the Metropolitan Life in
surance Company He had read very
little about the case, and. although
much interested in IL, had formed no
opinion as TO Thaws guilt or innocence.
Charles II. Thurston, a bookkeeper.
was accepted and took seat No. II.
John De Hart, an architect. was &c
cePted as the twelfth juror shortly be-
fore adjournment ior luncheon. FtIs
selection filed The jury box. but the
jury Is not certain. for he, with five
others, is subject to peremptory chai-
Ienge, The other six occupants of the
jury box are sworn and bound 70 serve
through the trial.
1t developed that Provisional Juror
Charles Fl. ThurstOn has served as a
juror during one of the trials Of d.
Kennedy tried Tor the Staying Of Dollie
Reynolds, and that Provisional Juror
John De Hart had served as a Juror in
the trial or Albert 7. Patrick for the
murder Of Millionaire Rice.
Immediately after luncheon the ak
swung on six OF the jurors, and only
six of the sworn men remain now. Tie
prosecution used the peremptory chai-
lenge on jurors 7. 10 and Il. and the de-
fense on s, and Z.
Those whose business it is TO follow
the trial closely believe that so far as
expert testimony Is concerned. the de-
tense has all the better OF the case. Not
only will Littleton, in Offering plea OF
have his own alienists to give
the opinion that Thaw was insane when
he killed White; he will also be able TO
call on the alienists Of the prosecution
who agreed with the experts OF the
IN regard to the defendants
mental state at the time Of the shooting
but who insisted that Thaw was insane
at the time OF the first trial
. LittletOn will be able to show that the
opinion OF the alienists was unanimous
that Thaw was insane when he killed
White and that they are divided onlv
on the question Of his present sanity
the experts of the defense believe he is
sane now. while those of the prosecu-
ton believe he Is insane
The proceedings are increasing Thaw's
apparent nervousness. On Monday he
sat stoically in his chair, watching the
talesmen as they answered the instruc-
tions Of attorneys. This has since tired
him and now he reads and re-reads let
ters and converses with his personal
counsel, A. Russell Peabody.
Breach With Evelyn?
That Thaw and his wife do not seem
as friendly as they were a year ago.
is the subject Of frequent comment.
She crossed the room late yesterday and
tried to talk TO him, but court officer
sent by Justice Dowling soon waved her
back to her original seat at the right
OF the jury box.
There is no secret made OF the
strained relations between the younger
Mrs. Thaw, Josiah Thaw, and Mrs
George Lauder Carnegie. They sir
alongside of each other. but the hours
Removal Notice.