The Washington herald., 1908-01-09
Sworn In After Many Are
Challenged.
CHOICE OF $50 TALESMEN
Night Session Called on After We
nIre Is Exhausted-Wife of Prison.
er, Ignored by His Family, shows
Interest in PFOceedings-Defens
Seizes states Experts.

luAW lof llc iiiuIuSt Oh Stdhiofu W itilc'
but after peremptory challenge in the af-
ternoon there We're only six sure jurors
left. Six who had been accepted provi-
sionally were left by the wayside.
AS there were three sworn and accepted
jurors when the days proceedings began,
it meant that three jurors who VIII hear
the testimony against Thaw had been ac-
cepted during the day. Both Justice Dow
ling and the lawyers are satisfied with the
result, for at the end of the first three
days of the first trial there were only
seven jurors in the box. In addition to the
six men accepted. there are three pro-
visional Jurors.
The three jurors who were sworn to-
day are George c. Rupprecht, salesman;
John H. Holbert, president of d spring
water company, and David A. ArrOw-
smith, president of carpet cleaning COM
pany.
The men who We're excused were: Clar-
ence Z. Anderson. who said he was real
estate speculator: John r. Maginn. re-
tired grain merchant; Thomas l. Grams
ton a printer; Moses Greenbaum, a real
estate and insurance dealer; John Ent-
Wistle, a painter and decorator. and
George w. HubbeIl, an insurance agent,
Anderson was excused by consent. Ma
ginn and Cranston were challenged by
District Attorney Jerome. The former is
the father of Bonnie MaginR, who has
been a prominent member of the Weber
& Fields chorus, and that was probably
the reason that jerome did not want him
on the jury.
Others Are Challenged.
The men who were challenged by Mar
tin w Littleton, Thaws counsel. were
Entwistle Hubbell and Greenbaum. Mr.
Greenbaum, who was selected provision
ely on Tuesday night, is a brother of
Supreme Court Justice Greenbaum.
1t was after i o'clock when the jury
box was filled. there being then three
sworn and nine provisional jurors JUS
tice Dowling said he would give each
side five minutes TO decide on which of
the nine would be peremptorily chal-
lenged, and there was tall rustling by
the lawyers on both sides
1t took Mr.. Jerome longer TO make up
his mind than Mr.. Littleton. But Mr..
Littleton had been busy, He talked
briefly with his associates. Dan nReilly
and A. Russell Peabody, and then Thaw
called to him. It was the first time that
Thaw had been seen talking to Mr.. Lit
tleton in the courtroom since the trial
began. He talked very earnestly to Mr..
Littleton, and from the way in which
Mr.. Littleton shook his head it looked as
if he was reassuring Thaw. After speak |
ing with Thaw. Mr. Littleton went over |
10 Evelyn Nesbit Thaw. and she had /
her little say. whatever il amounted To i
Then Mr.. Littleton challenged his men.
In all 230 talesmen have been examined !
so far. The venire of 100 taIesmen drawn I
Tor to-day was exhausted at 8 o'clock. so |
there was no night session This pleased /
everybody. especially the lawyers, who |
were pretty tired. Another panel of 100 |
talesInen has been drawn for tomorrow |
Not Friendly TO Evelyn,
It is noticeable that the members of the
Thaw family are not paying much atten- |
ton to young Mrs. Thaw. She sat in /
court all to-day. next to Mrs. George /
Lauder Carnegie and Josiah Thaw. Mrs |
Carnegie did not attend the morning ses-
sion. About o'clock Mrs. Carnegie and |
Josiah Thaw left the courtroom for he /
day. leaving young Mrs Thaw alone. For /
time she did not have any one near her.
but Dan O'Reillys brother came in and /
sat at her side. If the young woman is
not getting any support from the Thaw /
family. she is not showing any signs of |
being depressed.
The few amusing incidents that occur /
in the dreary job Of getting a jury appeal |
TO her quickly, as her ready smile shows.
She smiles often al her husband but his |
smile is not very responsive. It Is ap-
parent that Thaw is not taking as much
interest in this trial as he did in the first.
Maybe it is because the thing is no longer
novelty to him. but he does less fun
bling with his papers, although each day
ne goes over lot of mail which he car
ries 10 court IN a portfolio.
When Mrs Carnegie and Josiah Thaw
deserted her this afternoon young Mrs
Thaw walked over 10 where her husband
was sitting and had chat with him. 1t
IS the first time she has done that 4
few minutes later an adjournment was
taken for the day, and Thaw seemed so
pleased that the prison guard had to step
lively TO keep up with him, as Thaw actu-
ally rushed out of court
Following out the rule laid down on
Tuesday night. the six jurors who have
been sworn were kept apart from the
three who had not been sworn when they
were sent to the hotel tonight
Defense Springs Surprise.
The defense in the case of Harry K. |
Thaw sprung the first surprise of the sec
Ond trial to-day by announcing that It
had issued subpoenas for several of the
expert witnesses who testified for the
prosecution at the first hearing a year /.
ago, and who. when District Attorney
Jerome applied for a lunacy commission.
made affidavit that, in their opinion.
Thaw. at the time of the inquiry. was
suffering from an incurable form of in
sanity.
These same doctors, however, had pre-
viously testified on the witness stand. in
response 10 Mr.. Jeromes famous hypo-
thetical question. that they believed Thaw
knew what he was about when he shot
and killed Stanford White IN the Madison
Square Roof Garden.
This move is intended by the defense TO
block the prosecution in putting these
same doctors on the stand and is taken
by some as showing a determination that
Thaw shall not be convicted, even with
the danger of commitment 10 the Asylum
for the Criminal Insane at Matteawan as
the alternative.
40 PREVENT TUE cQTp