The sun., 1908-01-07


raent at the outset. He added. however.
that the jury would be sent TO a first class
modern hreproOf hotel in order TO AIlAy
the fears of any Of the tslesnsn that they
would be uncomfortable A protest was
made by Mr.. EttletOn against locking
Up the Jury. He had no objection 10 It
personally he said, but the men selected
were to be picked men, every precaution
was to be taken to get the cry best mon
and the procedure Of detAininE jury was
q relic of barbaric custom.
He was told at once by Justice Downing
that the Court would take the responsibility
for that. II developed in the course Of the
day that not a few Of the tslesmen sxam-
ined did not want TO serve because OF buEi-
ness and personal reasons. JusIioD Dow
ling said that everY juror would have lets
Of time to look after his affAire and 1t was
explained that while the jury will be locked
mp they will be allowed to receive every
reasonable communication.
There had been delay OF about an hour
while Justice Dowlng was swearing in q
special Grand Jury. when District Attorney
Jerome said:
Il move the trial Of Harry X. Thaw for
the murder OF Stanford White"
Harry X. Thaw TO the bar" said Clerk
William Penney, and the second trial OF
Thaw had begun
Justice Dowling announced that women,
except reporters, would be excluded from
the court room. and cameras would be
kept out al evil things. Thereupon Mr..
Littleton, whose manner was confident
and who talked to the point. made the
announcement that had been expected.
that Thaws defence would be straight in
sanity--that he did not know the nature
and quality Of his act and that it was wrong
when he shot down White on the roof Of
Madison Square Garden on the night Of
June rs, 1905.
In the morning and afternoon sessions
thirty-five talesmen were examined be-
fore five Jurors were obtained Every sec
ond man had an opinion OF Thaw's guilt
or innocence. or something else that would
disqualify him as a juror, and in each oase
Justice Bowling ordered Clerk Penney to
notify the Commissioner Of Jurors 20 have
the name stricken from the special panel
list.
Thomas H. Harmon. who was foreman
OF the second Nan Patterson jury, which
disagreed. was excused by consent.
-Four talesmen had been examined when
Charles z. 0remmels. a shipping broker at
30 South street, was picked out ater long
examination. He said he had conscien ious
scruples against the death penalty. but he
could lay them aside and get into the jury
box and bring verdict OF murder in
the first degree II the evidence justified it.
II was hard for the Court and the lawyers
20 that frame of mind. but he explained
that whilc he would retain his conscientious
scruples he laid no responsibility on the
law
John r Hatche,t. cigar dealer Of 1877
West EiChty-thrd street, was agreed upon
next. In picking him out Mr. Littleton
won point over Mr.. Jerome Mr.. Littleton
slid that the burden was on the prosecution
10 show that rhaw was sane when he killed
White which was disputed by Mr.. Jerome,
Ntyf Tra hale would
necessary for the prosecution to prove
beyond 4 reasonable doubt that Thaw was
sane when he killed White
Some talesmen who had formed opinions
said they believed they could go into the
jury box and decide solely on the evidence
presented. One OF these was Floyd s.
Stanford who is the assistant manager
Of the Harlem branch OF the Corn Exchange
Bank He had a fixed opinion. but after
long questioning he declared that he could
lay It aside. He is a young. serious looking
man with glasses and he was accepted.
The definition OF insanity came in for
much explanation from Mr., jerome and
Mr.. Littlcton. Legal insanity was no
Irresistible impulse or so-called moral
insanity, &r. Jerome said The only legal
inoanity NgAg the insanity set forth IN the
statutes, Mr.. Littleton wanted TO know
each tins IL the talesman had a prejudice
TO tho deteEco OF insanity. One man.
Cornelius Ra1rer. a jeweller, of fs Barrow
street said he believed that every man was
partly insane. He was not accepted.
George AiorewoOd, a coffee importer.
OF So Wes; Seyenty-siSth street, was Sc
lected after both Mr.. Jerome and Mr.
Littleton had questioned him on almost
every subject under the gun To both Of
them he made smiling and ready answers.
He has patches OF whisk ers on each side Of
his face. which is very pale. and dropping
mustache.
Thomas Moynan. a manufacturer OF I8
East Forty fifth street. looked like a good
candidate for the jury box. He told Mr.
Jerome that he was no: Yankee.
I'm Irish by birth American by a6op-
ton he said.
-You lived in Brooklyn" said Mr. Lit
Teton.
Il slept there at nights" said Moy1.an.
A great many do that" said Mr.. Little
ton, who ought TO know.
MIR. Moynan was rejected, and then Mil
ton n. Mould. a foreman in a mineral water
establishment, was called. Mr.. Jerome
talked 10 him very earnestly about the
duties Of a juror. all Of which didn't please
Mr.. L!ttletOn.
Il object to the adiuration OF jurors by
the District Attorney as TO their conduct"
said Mr.. LttletOn.
objection overrued; next question:
said Justice Dowling. and Mr. jerome had
scored.
The ifth juror obtained at the day session
was James T.. Conway, q phlegmatic ind-
vidlal who keeps tho Morris Hotel He
the jury or not, but he was acce pied, much
20 the surprise OF everybody in the court
room. Thirty talesmen had been examined
then.
At 6 O'Clock an adjournment vas taken
until 8 o'clock. Justice DowRng having an
nounced that court sessions while the Jury
10 being drawn would be from 1915 in the
morning until I o'clock. from 2 o'clock TO
Q O'Clock and from 70 10 P. NJ. The Ave
jurors were taken 70 restaurant in Frank
lin street for dinner. They were in charge
OF Capt. Lynch and four other court officers.
There were about seventy rersOns la
the court room in the evening. No women
members Of the Thaw family were crescent.
Twenty-Five talesmen we're examined
In the evening and from them four jurors
were selected. William r. Brewer. a deco
rator living at 1879 Clarsrnont avenue, proved
20 be the sixth Juror. He said he had done
business with McKin, Mead A White, deco
rating some houses on Long Island but he
didn't know Mr.. White personally. He
knew Assistant District Attorney O'Con-
nor. He said he had served in criminal
cases before. He was accepted after he
said that even though his business suf-
fered he would consider Il his duty TO serve
on a Jury whore a mans life was concerned
Arthur r. Naething, a baker in business
at 43S Broone street, said he never heard
OF StanfoTl White before the murder. He
had read the newspaper headings about
the first trial, but hadn't gone into the sub
feet very deeply He had an opinion that
could be changed. and he took Seat No. 7.
The fiftieth talesman, Maurice Bouyier,