The Birmingham age-herald., 1908-01-10
One New Man k g ss1
 After Hard Oay's 7
JUROR NEVER HEARD OF CASE
Patrick McCue, Hat Manufacturer, Is Accepted Quickly Owing To Ig-
 norance of Case, But Is
 Afterward Challenged.


 making seven in all selected from the 400 talesmen summoned since the beginning of the second hearing Another panel of 1GO talesmen will report tomorrow morning. Justice Bowling has said that he will hold court on Saturday if necessary 10 complete the jury. At the time of the luncheon recess today the box was filled with six permanent and six temporary jurors. But peremptory challenges swept all of the provisional men away. Just be- fore the adjournment, however, at o'clock. when the days venire had been expended, five temporary jurors had again been selected to fill the back row va cancies. But once more the arbitrary challenges were brought into play, and all but one of the men on probation were al- lowed to go.
 The sole survivor of the day, who took his place as trial juror No 7, was William F. Doolittle, chief clerk in the auditing department of the New York Central railway. The rate of progress was not gratifying either to prosecution or defense, and better things are hoped for tomorrow. At the close of today's work the prosecution has exercised IA of the 30 challenges allowed by law and the defense had expended 19 The court can, in it's discretion, increase the num- Der of challenges allowed either side, and last year, at the first trial, Justice Fitz- gerald did so.
 Patrick McCue, a hat manufacturers furnished the only bit of color to the pro- ceedings today by declaring that he had never heard of the case. Consequently he had no disqualifying opinion and was placed on the temporary side of the tri panel only 10 be excused peremptorily later on.
 Actress Subpoenaed.
 Just before the beginning of the morn- ing session, Attorney Daniel O'Reilly an- nounced that subpoena for the defense had been served on Miss Edna Goodrich, the actress, who is playing here this week. Miss Goodrich gailed to appear in response to subpoena last year. Mrs. Evelyn Nesbit Thaw, on the stand at the first trial, declared that it was Miss Goodrich who first introduced her to Stanford White and took her to luncheon with him.
 A messenger from MT. OReiI1y's office sat in the audience of the theatre where the young actress is playing all of yes terday afternoon and last night, and fin ally served the papers upon her. Mr. O'Reilly says as she left the playhouse at Il 80 D. m. It was intended to serve the subpoena after the matinee, but Miss Goodrich had dinner served in her dressing room.
 A new venire of talesmen reported this morning, and with six sworn and three provisional jurors in the box, the attor- neys for the prosecution and defense set about filling the vacancies and preparing for another exercise of peremptory chal- lenges.
 Young Mrs Thaw had to make her way through crowd of several hundred persons gathered outside the criminal court building when she came down town for the morning session. Several police men had to be called to clear a pas sage through the throng.
 Sixth TaIesman.
 The sixth taesman reached today passed a successful examination for tenn porary juror He was Frank Manning an insurance man, who said he had been too busy during the first trial to thor Oughly read the newspapers and conse- quently had formed no opinion in the case. It was nearly an hour after this before another talesman, who ap- proximated eligibility was reached. Harry c. Adams, the secretary of a carpet com. pany quickly passed muster for the pros ecution. When questioned by MT. Little ton for the defense, he said he had known Stanford White for many years in business way. Neither at the time of the tragedy or since, he declared. however. had he entertained any feelings or prejudice in the case. Failing to dis Mr used his 12th peremptory challenge against him, and he was excused.
 The next talesman up was accepted by both sides after brief examination. He was Charles Thurston bookkeeper, who declared that he had formed no fixed opinion from what he read of the previ- ous trial MT Thurston's selection left but one vacant chair in the box.
 It fell to the lot of John DeHart, an architect temporarily, to fill it. MT. De- Hart said he had known Stanford White in his lifetime and that while serving on the jury would probably embarrass him in his profession, it would not embarrass him personally
 As a juror, he declared. he would make up his verdict according to the manner in which the evidence impressed him. With the filling of the box it was de- cided at 12 30 o'clock to take the lunch con recess.
 Looking Up Records.
 The attorneys spent a large part of the luncheon hour in looking up the records of the provisional jurors with the re- suit that as soon as court convened for the afternoon session the entire tempor- ary side of the trial-panel was swept clear District Attorney Jerome inter posed challenges against McAdie. Man ming and Thurston. Not to be outdone by the prosecuting attorney, Mr. Little ton arose and peremptorily excused Nett ga, Davison and DeHart. The latter served on the jury which convicted Albert T. Patrick. The search for suitable ma terial was at once resumed and Lincoln A. Stewart, the second man called for examination after recess attained the rank of temporary juror. MT. Stewart Is a bank teller and held no disqualifying opinions.
 After half dozen talesmen had gone down by consent or on challenges Tor cause, Matthias B. Walls, superintendent of an iron foundry was accepted provis- ionally. MT Walls had done some work