Evening journal., 1908-01-09
THAW'S SANITY
SOLE QUESTION
Slight Difference Of Opinion
Between Present Counsel
in the Case
THAW'S NERVOUSNESS
IS INCREASING
Rx rHE JouRNALls speeiaI VIC.

By THE. JOURNALS Special Wire.
NEW YORK, Jan. 9.--With the Sec
ond Thaw trial but three days old,
court room habitues are commenting
somewhat significantly on the remark
able change in the attitude Of counsel
over the trial. At the last trial Dalmas
and Jerome were at swords points,
and the result was frequent wrangles,
which necessitated judicial interfer-
ence. This time Littleton and Jerome
are on the best of terms, so much 50
that If It were not known they were
opposition counsel they would be
thought to be working for the same
end.
It is known that Mr.. Jerome has al
ways contended that Thaw was insane,
but has held that he is not suffering
from such a defective reason as 70
prevent his knowing the exact nature
and quality of his actions. Littleton
contends that he was not morally re-
sponsible at the time of the killing.
This means both men are not far apart
and Il will be a question of expert tes-
timony. II Is the hope Of the defense
TO limit Thaw's insanity entirely to
the period covered by the killing OF
White. II they do not succeed, this
trial, like the previous one, is certain
TO be interrupted while a lunacy COM
mission passes on the present. mental
status Of Thaw.
Thaw and his counsel insist he is
normal mentally now and privately as
sert they have no fears of the outcome
of a commission inquiry.
One hundred new talesmen were on
hand for examination when the trial
was resumed to-day. From amongst
them both sides hope TO secure the
three needed to fill the vacancies and
then win by elimination, through per-
emptory challenges. get rid OF those
against whom prejudice exists. The
six sworn jurors and three tentatve'
were herded separately and brought
from the Hotel Knicker'boclSer in TWO
different parties. Giving them an up
town dwelling place has done then
good, as Graemmels has improved
much physically.
The proceedings are increasing
Thaw's apparent nervousness. Or
Monday he sat stoicaliy in his chaii
watching the talesmen as they an
swered the attorneys. This has sine
tired him and now he reads ana re
reads letters and converses Zth hi
personal counsel, A. Russell Peabody.
There is no secret made OF th'
younger Mrs. Thaw, Josiah Thaw an'
Mrs. George Lauder Carnegie. The.
sit together, but hours go by withou
an interchange Of conversation. The!
get up and leave without taking leavl
OF their sister-in-law.
Martin W. Idttleton Is choosing tn
Jury. He listens calmly to suggestion
by O'Reilly and Peabody, and even ol
rare occasions Of Thaw, and then goe
ahead and does just as he pleases.
After Edna Goodrich
Edna Goodrich, the actress, VIII
aided Evelyn Nesbit 20 Stanford White
stands a good chance to-day Of beinl
compelled 70 explain to Justice Dowl
ing why she should not be declares
in contempt OF court.
lOne Of Martin w. Littleton's sub
poena servers sat through the perform
ance at the Grand Opera House, wher
she Is appearing as Nat Goodwin
leading woman, and served her, wit
a subpoena as she emerged from tn
stage door.
He reported that she tore the sub
poena in halves yand threw It into tn
street.
Mr.. Littleton is now considering tn
question of asking the clerk to issu
an attachment for her, having he
brought into court and compelled t
testify.
Mrs. Evelyn Thaw was the onl
member of the Thaw family presen
this. morning, but she and her husban
did not even exchange glances; h
slouched into the court room and too
a seat at the side OF his counsel. Onl
seventy of the panel OF 100 responde
to the roll call and several were fnet
The first three candidates for jur
duty drawn by Clerk Denney prove
disqualified by law for jury servic'
while Harry X. Spalding, a manage
and Lee Nfergenthe. a produce n1er
chant. both had opinions and were ex
cused.
No. proved satisfactory to bot
sides and was accorded to seat 10
the jury box. He was Frank Manninl
AZ years, an insurance broker con
nected with the Metropolitan Life In
surance Company. He had read yer
little about the case and althoug
much interested in It had formed n
opinion as to Thaw's guilt or limo
cence.
Jury Box Again Filled.
At the close of the morning ses
sion the jury box had l. occupant
II being the third time since Monda.
six of these are subject to perernptor
challenge.