The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-06-23
All But Two Talesmen in the
New Sanity Test Are
Married.

The jury which Is to pass upon the
question of whether or not Harry X.
Thaw. adjudged insane at his second
trial for the murder Of Stanford white,
Is sane at the present time was selected
rapidly during u morning and afternoon
session yesterday before Justice Peter
Hendrick In the Supreme Court.
Thaw's smiles when the twelfth jury
man had been sworn at 4:t5 z. NJ.
Indicated that the jury was to his lik-
Ing. Ten OF the twelve are married men
and with the exception OF two they
average about the same age as Thaw.
Their verdict, whatever 1t may be. will
not OF itself result in the liberation or
further detention of Thaw. the presid-
Ing Justice merely accepting the jury's
decision as an aid TO him In deciding
whether or not to liberate Thaw. Finally
both sides will nave the right to APP
peal from Justice Hendricks final de-
cision In the present procedure.
Thaw's Activities Limited.
Also. II yesterdays sessions are to
be taken as examples. Thaw will have
little II any part in managing the pro-
cedure. In contrast to his activities at
past trials and hearings in whispering
suggestions to counsel and making PEN
ell notes, Thaw Yesterday had almost
nothing to say. especially at the fore
noon session, while talesmen were being
examined.
During the afternoon session, however,
his interest in the proceedings seemed
to increase. He whispered. sometimes
with a broad grin. to Morgan ]. O'Brien,
Jr.. of the Thaw counsel. He jumped up
late in the afternoon also and walked
over to his mother and handed her two
bits of paper upon which something had
been written which she read attentively
for a few minutes. Once or twice az
the day progressed also he leaned far
sidewise to whisper to his chief counsel.
John Il. Stanchfield. but the examine
ton, acceptance and rejection Of tales
men progressed without any indication
that his lawyers were advising with
their client.
Prejudice Inquired Into.
Thaw's counsel. besides the formal
questions, wanted to know particularly
from potential Jurors whether or not
their knowledge of Thaw's acquittal at
the second trial and his subsequent
escape from Matteawan had caused any
prejudice in their minds what news
papers they read. whether they had any
prejudice against Thaw because OF the
murder he committed and whether they
knew Stanford white, Henry W. Poor.
who was Whites n%eighbor In the
Gramercy Park section the two alien!sts
for the state present. Drs. Austin Flint
and Carlos +. Macdonald ex-Distric.
Attorney Jerome n others.
The State asked particularly IN the
case Of married men whether they had
sons or daughters whether after years
OF reading and talking OF Thaw they
had formed any sympathetic feeling for
him, whether they knew that at Thaw's
second trial he was acquitted on the
ground OF insanity and whether or not
ex-District Attorney Jerome's activities
in the Thaw case had preJudiced them
against Mr.. Jerome's efforts as a public
official.
Mr.. Stanchneld asked the last Juror
accepted especially as to whether or not the
editorials opposing Thaw's release printed
In the talesman's morning paper land
written by a club friend OF DR.. Austin
Flint would influence the talesman IL
he were rendering a verdict.
81 believe" interrupted Justice Hen
drick, that no New York newspaper
will either editorially or In Its news
columns give any opinions as To whether
your client Is sane or insane while this
trial Is in progress or intimate An opin-