The Birmingham age-herald., 1908-01-12
ONE OF THE JURORS
 MAY BE DISMISSED
District Attorney Jerome Is Not satis- fled With the Views of One Juror and Will Move To Have
 Him Dropped.
BY LANepoN SMITH.

dence bearing on insanity at the present trial of Harry Kendall Thaw will be along different lines than In the first trial. One of Thaw's counsel today said that the defense will seek to prove that Thaw was insane only at the time he shot Stanford White and no matter what the verdict of the jury, will leave his present condition to be determined later by commission in lunacy.
 The specific kind of insanity which Thaw's lawyers will advance as a de- fense is known as "stuporous melan- cholia,' which, according to medical ex- perts, renders the sufferer incapable of knowing the nature and quality of his acts. It is said to be cprs5fe and is not progressive.
 The completion of tie jury on Friday released the lawyers from their investi- gation of talesmen snd all of today was spent in the preparation of speeches which will outlinf the defense and prose- cution. When he case is called Monday morning, 1t is expected that the district attorney will charge that Thaw was sane at the tine he shot Stanford White and that he is sane now.
 Littleton's Plea. Opposed to this will be Littleton's plea that his client was insane at the time of the shooting, leaving the matter of his present condition in abeyance.
 To prove this, it is said that Thaws chief counsel will bring forcibly before the jury the fact that four months before the birth of Harry Thaw his mother found one of her children, an infant, dead in bed beside her, and that when Harry was born he was in conyulsions.
 This condition continued throughout his boyhood and his eccentric behavior was especially marked during his trip through Europe with Evelyn Nesbit Affidavits to support these contentious will be sub mitted and it is said that MT. Littleton will especially emphasize the cratic ac- tions of Thaw up to the time of the shoot ing of White.
 MT. Littleton when asked if the de- fense would touch upon the present men, tai condition of Thaw, said that it was not incumbent for them to show that Thaw was sane now, but that their whole efforts would be devoted toward showing thet he was irresponsible at the time of the killing.
 Prosecution Will Not Hurry.
 The prosecution will take more time at the second trial in presenting it's case than it did at the first. District Attor- ney Jerome said that it would take at least day to present the proofs of the killing of Stanford White. At the first trial only two hours were used to do this HF
 The reason for the increase i.l time is due to the fact that the testimony of James Clinch Smith will be presented in direct testimony. Owing to his absence in Europe at the opening of the last trial, MT. Jerome was forced to introduce his testimony when examining witnesses in rebuttal.
 If the indicated position of the defense is carried out, it will place Harry Thaw in peculiar position if verdict of acquittal is reached by the jury Although declared innocent of the murder charge he will not be freed unless Justice Dowl- Ing so orders. It is thought highly inn probable that he will do this but will follow the usual procedure and order commission in lunacy in whose hands the ultimate fate of the young millionaire would rest
 Counsel In Clash.
 Harry Thaw's counsel are in a clash about the advisability of again putting Evelyn Thaw on the stand to testify for her husband in his second trial.
 Martin w. Littleton, chief of counsel, believes the wifes testimony will be far less effective this time than before This Is strengthened by the fear that young Mrs. Thaw may be subjected to more drastic treatment by Mr. Jerome.
 MT. O'Reilly holds that without Evelyn's testimony there Is little hope, a feeling which MT. Peabody shares.
 Both the prisoner and his wife are de- lighted with the jury.
 There is no comparison between this Jury and the other one," said Thaw today. "The members all seem to be far superior to any jury I have ever seen in a crim- hal case, and I am perfectly satisfied to rest my case with them'
 Mrs. Thaw Delighted.
 Little Mrs. Thaw was in a great glee. Again and again she repeated her assur- snce that the jurors were very good, 100 per cent better than in the last trial.
 Over and over she poimSd out that she bad considered each in turn that she had been called out to consult with Thaw's counsel before the decision 10 accept the Jury entire had been taken.
 Evelyn Thaw went to the Tombs short H after noon and talked with her husband tor more than an hour Evidently the in terview was pleasant, for she emerged bmiling and seemed to be in the best of Sood huhlor ~. She said her husband was feeling v,I Ind was looking forward to the continua- ion of his trial Monday with satisfac- jon at the good progress made In get ling the jury so promptly. Evelyn said yhe had confidence in the jury that had been selected to try her husband.
 Juror May Be Dropped.
 The jury was selected in five days, and when the last two members were sworn Friday evening, court adjourned until 10 o'clock Monday.
 It is an intelligent looking jury of 10 married men and two widowers. There ire five gray heads in the box. None of he 12 is below middle age. Most of them Ire fathers of families.
 The absorbing interest taken by the mblic in Thaws fate has proved the