Evening journal., 1908-01-06
THAW FACES Ills
SECOND TRIAL
Appears in Court Much I'M
proved by His Experience
in the TOmbS
NEW WITNESSES FOR DEFENSE
BY THE JoURNAL's Special wire.

By IhE JOURNALS > Specldl wire.
NEW YORK, Jan. 6.-The first venire
of 100 jurymen in the Taw case was
dismissed at the opening of court to-
day because their names had, through
error been published Friday. The Sec
ond list of 100 was at once summoned
by Justice Dowling and began arriv al
soon after the irst batch had scattered.
The grand jury for the regular term
was being charged in the meantime in
Court 3. where the Thaw trial is to be
held delaying proceedings until Ills.
Mrs. George Lauder Carnegie sister
Of Harry X. Thaw, in company with
Josiah Thaw. her brother called on
Harry at the tombs before he was
brought into court. He seemed very
glad to see his relatives and he ex-
pressed himself as confident of his
speedy acquittal. The delay in open
ing the case made Thaw considerably
nervous.
Thaw Appeared Cheerful.
The prisonr was attired in a we'll
fitted blue suit a counterpart Of the
one he wore last year He was clean
shaven, appeared cheerful and walked
with a brisk step. AS he slipped into
his seat he caught sight of his wife
and waved her a CHEEKY little greet
ing with his hand.
District Attorney Jerome and Chief
lCouDsel Littleton for the defense inn
lmediately launched into a discussion
over the advisability of conhning the
/ Jury. Justice Dowling interrupted the
discussion to say that he already de-
cided to keep the jury under surveil-
lance. He fixed the hours of the hear
ing as follows Morning, 10 a. m, to
] %. M; afternoon, / p. IN. to p. m;
night session Z p. m. TO 10 p. m. II
was found that 20 jiHsmen had fail
ed TO respond. Justice Dowling i'm
mediately assessed ah fine of $3.50
against each man.
| viii Introduce Mex Witnesses.
Both Thaw and his wife have chang
ed since the last trial. Prison life has
benefited the defendant, who is con-
iderably stouter and in more robust
health than when he last faced court
nd jury. His wife Is more matron-
" in appearance. having aged percep-
ibly during the year her husband has
been locked up. Both sides expect to
introduce new elements into the trial
The defense has fifteen NV witnesses
! andes ubpoena and these are relied
N 70 show the jury that Thaw was
lctualy crazy WIN he fired the fata
hots. Jerome is saying nothing about
his fresh evidence. but is known to be
! 'elying greatly upon at least three per-
ons TO give information that vii
| trenethen his side There are two
Notable absentees on Thaw's side They
are his agd and devoted mother. Mrs
William Thaw, who is IN in Pitts.
] I.r-r N.F. aI
Yarmouth The latter Is trying TO hav,
her marriage annuled and must remaiI
In England for the trial.
AS at the last trial the jury Is to b'
held under lock and key right from th'
start Arrangements have been made
20 keep The talesmen at the Broadva'
Cntral Hotel
There is uncertainty as TO Whethe
Evelyn Thaw will be permitted TO tel
her story Of alleged abuse at the nand
nf White II is known Jerome ha
ooked up authorities concerning tn
ladmissibility Of her testimony but he
clines TO say anything. The defens
has prepared for this contingency ant
'.ittleton has several witnesses VIII
win say that Thaw was insane at tn
time of the tragedy.
William F. Miller. 40 years. living a
55 ST. Marks Place. was the first tails
Imam called. He said that he knew
White we'll. but had no opinions on tn
case and believed he could render
verdict solely in accordance to the evi
dence. Jerome indicated that he vii
seek a jury which win decide the cas-
on the mental responsibility Of tn
lprisoner.
After a brief exclamation Jerome de
clared that Miller was acceptable q
him. and Littleton then took up tn
associations Of the man with White
4 Miller was then disqualified for caus,
s Solon S. Summerfeld. As. OF Si4 Eas
e. 1850 street. was called next and in
}. sisted so strongly that he had an opin