Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1915-03-08
THIRD Jury BOX
FACED BY THAW
RAPIDLY. lG
Five Jurynen Accepted Before
Recess in Trial of Mattea-
wan Conspiracy.
DEFENDANTS MOTHER
WATCHES PROCEEDINGS
Thaw Likely to Take Stand
Himself in Effort to DEM
onstrate Sanity.


Twelve Jurors who will decide the case
Of Harry K Thaw. were selected
within less than three hours today.
When court recessed this afternoon
for luncheon. indications were that
the Jury box might be filled by night.
In selecting these jurors, both State
and defense showed something OF
heir plans. The State indicated that
It would seek Tlraw's conviction for
conspiracy to escape from Mattewan
On the grounds that although an
insane man, Thaw had unimpaired
capacity to conspire; the defense
asked questions of talesInen which
we're construed as meaning that they
would seek to show that Thaw WAS
sane at the time he esca ID, or would
rely upon the prosecution to prove
Ehis for them.
Thaw faced the proceedings with
smile on his face.
That Thaw himself may take the
stand his counsel intimaled, both to
defend the conspiracy charge and to
refute the insanity theory.
Justice Page ruled that each de-
sendant was not entitled to separate
peremptory challenges He held that
all defendants were only entitled to
ave peremptory challenges and that
their attorneys must agree upon such
objections. This ruling was regarded
as insuring early completion of a
Jury.
Mrs. Mary Copley Thaw, the chief
defendants mother accompanied by
Mrs. George Carnegie, Thaw's sis
Ter, appeared in court early. Thaw
appeared to be in excellent health.
His face was ruddy ant stouter than
when he was brought from New
Hampshire.
When the names of Thaw's code
PENDANTS were called none of them
answered. Deputy sheriffs were sent
into the corridors OF the Court House
Hnd finsiiy. came back with Roger
Thompson and Eugene Duffy. Five
minutes elapsed and Thomas Flood
was brought in. Butler and O'Keefe
hurried into the court ten minutes
later.
Warned by Justice Page.
When they were all seated Justice
Page warned them that II they were
tardy again he would discharge BAH
md have them confined in the Tombs
during the trial.
Every effort, IL is stated, will be
made by Thaw's counsel to inject
into the trial the issue of Thaw's
sanity. Whether convicted or ac-
quilted of the conspiracy charge, II
'rhaw is treated as a sane person by
!, - 4. 4 a..
be able TO use that fact in final
offort to btain a reversal of the
order committing him to the asylum.
Fifty witnesses for the prosecution
are here ready to testify. Mr.. O'Brien,
Who recently returned from Concord
and Manchester, N. H., with a long
list of witnesses for Thaw. said that
hundreds of prominent men and
women" are prepared to come to New
York and testify for him. II desired.
Among them, ii was said, are Sheriff
Holman Drew, of Goss county. New
hampshire and Del Stevens. of Cole
brook. N. H., policeman. who had
charge of Thaw after his arrest.
Trial May Take o Week.
The trial is expected to occupy not
more than a week. IL Thaw's counsel
are unable to obtain test of hif
sanity at this time.
The contentious of the State were
partly outlined by Assistant District
Attorney O'Malley In questioning the
first talesman, s. D. Fitch. public
accountant. These questions indicated
that the prosecution would request
the court to instruct the jury that.
Notwithstanding Thaw's insanity. he
might have a capacity to conspire.
The talesman was excused because he
admitted that he had formed an
opinion about the case.
Frank F. Bailey. a salesman, the
Becond talesman examined. was ac-
cepted by both sides. and became
foreman of the jury. Two other Jurors
we're then accepted within a few mo-
ments.
William ]. Raphael, another tales
man, was challenged premptorily by
the defense when he failed to give q
satisfactory answer as to whether he
would consider justified the escape
of man illegally detained in an in
sane asylum"
Frederick Emmerich. contractor,
was asked by Thaw's counsel IF we
prove to you that Thaw was sane at
the time of his escape, would that
prejudice you in determining this
caHe? ?"
The district attorneys objection to
this question, on the ground that
whether Thaw was sane or insane made
no difference when 1t came to con-
splracy, was overruled. Emmerich an
swered in the negative and was ac-
cepted. Shortly safterward Christo-
pher Schultz. an elderly produce mer-
chant, was selected as the fifth Juror.