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THE THAW TRIAL. I - I

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THE THAW TRIAL. I Great Public Interest ARMY OF REPORTERS Prisoner's Appearance in Court. SMILES UPON HIS RELATIVES I NEW YORK, Wednesday. The trial of Harry Kendall Thaw, a young Pittsburg millionaire, for the murder of the well-known architect, Mr. Stanford White, in the Roof Garden Theatre of Madison-square, New York, on June 25 last year, began to-day before Mr. Justice Fitzgerald, in the criminal branch of the Supreme Court. Before the court opened lines of policemen, extended from the corridor of the adjacent courtroom so as to include the entire first floor of the building. The public had been warned in advance not to attempt to obtain admission, and in consequence but few appeared upon the scene. Some 200 news- paper reporters and correspondents, however, endeavoured to gain access to the oourt. Only about 50 of these, who were armed with special credentials, were admitted, and the protests of those who were excluded caused scenes which bordered upon downright dis- order. The prisoner's mother entered the court at ten o'clock. She was followed by the Countess of Yarmouth, formerly Miss Alice Thaw, and Mrs. George Lauder Carnegie, formerly Miss Margaret Thaw. The next to appear was the prisoner's wife, who was followed closely by Miss May Mackenzie, the actress to whose home Mrs. Evelyn Thaw fled on the night of the tragedy. The party ->f the accused's relatives was completed by the entrance of Mr. Edward Thaw, his brother; and Mr. George Carnegie, his brother-in-law. The Dresses Thaw's mother was dressed, aB usual, in black, and wore a veil. The Countess of Yarmouth was attired in a quiet brown cloth gown, with a brown far hat and a brown veil. Mrs. Evelyn Thaw was in grey, with a hat and veil of the same colour. All the ladies kept their veils down throughout the morning sitting. Mrs. Evelyn Thaw's brother, Mr. Howard Nesbitt, attended in the com- pany of Mr. Charles La.rnett, formerly Mr. Stanford White's secretary. Among the Other notable personages present in court were three insanity experts, Drs. Mahin, Flint, and M'Dona,ld. When the roll-call of the 200 talesman from whom the jury was to be selected had been completed the trial, on the motion of Mr. Jerome, was ordered to proceed. Mr. Justice Fitzgerald then admonished the audience tha-t throughout the proceed- ings absolute order must be maintained. The Prisoner's Appearance | Harry K. Thaw to the bar," shouted the Clerk, and there. was a, hush of expectancy. The prisoner was brought in almost instantly from the jury-room. He advanced somewhat nervously, wearing a etafic blue lounge suit, and ca,rryin.g on his arm a cheeked ulster. As he took his seat he drew the ulster round his shoulders, the atmo- sphere of the court-room being rather chilly. From his long confinement in the Tombs Prison Thaw's face was pallid, but as he walked into the court his tall, slender form towered above that of the rather diminutive deputy-sheriff who accompanied him. Hia countenance, which was serious, broke into smiles when he saw his wife, mother, sister, a-nd brother seated just behind the chair which had been left vacant for him. Bowing low to his relatives, he seemed for the moment oblivious of everything else. Chatienging the Talesman The first talesman examined was Charles W. Bryden, engineer, who, in answer to the District Attorney's questions, said he had formed an unalterable opinion rcga,rdillg the defendant's guilt or innocence from reading the newspaper accounts of the case, and he was challenged by the defence for this reason. Thaw's counsel took exception to the form in which Mr. Jerome, the District Attorney, put his questions on the points of insanity and the unwritten law," but told the court that they did not object to the questions in principle. Sir. Justice Fitzgerald, after himself inter- rogating the talesman, overruled the challenge, which the defnoe then made i peremptory. Mr. Dominic Smith, a retired manufacturer, was the next talesman. He listened attentively while Mr. Jerome read from the New York State insanity laws to show that a crime was excusable only when the mental state of the accused at the time of the per- petration of the act was such that he did not know the nature of the act or was incapable of comprehending the law. Mr. Smith replied that he would rely on the court when he was instructed regarding the law on this point. He felt, he said, that he could render a fair verdict, laying aside any opinion he might have formed before hearing the evidence. He declared that he did not know personally either Mr. Truxton Bea,le or Mr. Thomas M'Caleb, two friends of the prisoner who had dined with him just before the tragedy occurred. Mr. Smith was thereupon accepted as a juryman and sworn in. An Unformed Opinion The next talesman called caused BOme laughter by saying that he had expressed an opinion upon the Thaw case, but had not yet formed one. He was excused. When the fourth talesman, Mr. Frank P. Hill Baker, was called the questions put to him by the District Attorney on the point of insanity were objected to by the defence. The particular interrogation was as follows: Would you, in arriving at a conclusion, import into the case some sort of insanity you might have in your mind and which is not recognised by law?" The question, as the result of the objection, was withdrawn. Mr. Hill said he had formed an opinion regarding the case, but it was not so strong as to preclude him from reaching a fair verdict on the evidence. He was thereupon accepted by both sides. It happened that the next talesman was a,n architect who had known the murdered man (Mr. Stanford White), and on this ground he was excused, as was the talesman who fol- lowed, after a whispered conversation with Mr. Justice Fitzgerald, who declared him disqualified. At this point the court adjourned for luncheon. Unexpectedly Rapid Progress Unexpectedly rapid progress had been made, for it had been thought that the pro- cess of empanelling the jury would be ren- dered a long and tedious one by the objec- tions raised on behalf of the defence. Before the court rose Mr. Justice Fitz- gerald cautioned the jurors that they must not talk about the case outside. So far, little or no light had been thrown upon the line of defence which would be set up on behalf of the prisoner. As soon as the court was suspended Mr. Hartridge, Thaw's counsel, entered into an animated conversation with the ladies of the prisoner's family, and there was a, general buzz of conversation in court. Some surprise -was expressed that Mr. Jerome, the District Attorney, should have personally examined the talesmen, as it had been expected that he would reserve his strength for his open- ing address to the jury. The cross-examination of the talesman for the defence was left to Mr. Hartridge and Mr. J. B. Gleason, but Mr. Delmas and Mr. Peabody, who axe also engaged on behalf of the prisoner, were present during these pre- liminary proceedings. Vbma, go aoaxt rarauaarf after htaudt was a repetition of the disorder which occurred in the morning owing to the scramble for admission, but none of the new applicants who had presented themselves were successful. The ladies of the Thaw family changed their seats as to enable prisoner's wife to sit nearer to him than she had done in the forenoon. Prisoner's Keen Interest I Thaw himself now began to display greater interest than ever in the examination of the talesmen, leaning far over tho table and manifesting great eagerness to hear the replies. Occasionally, as if wearied, he leaned his head on his right hand. with his elbow on the table, and also from time to time placed his hand behind his ear, the better to catch the somewhat inaudible answers that were given. At moments his attention wandered beyond th" prospective jurors under examination to a picture of The Three Fates which forms STANFORD WHITE (The Murdered Man). COUNTESS of YARMOUTH I (The Prisoner's Sister). HARRY X. THAW (The Prisoner). MRS. HARRY THAW I (PriBOner's Wife). part of the court-room's mural decorations immediately to the right of the bench. The next fourteen talesmen proved unsatis- factory, several of them being peremptorily challenged by the prosecution. Finally, at twenty minutes past four o'clock, Charles H. Fecke, teameter, was accepted and sworn. During the afternoon Mr. Garvin, Assistant District Attorney, relieved Mr. Jerome in the duty of examining the talesmen. An architect was peremptorily challenged by the defence, presumably on the sole ground that he belonged to the same pro- fession as the murdered man Whit3. In the course of the afternoon sitting numerous talesmen were objected to either by the prosecution or defence, but a third juror was sworn, being accepted by both sides. The court adjourned till to-morrow.— Press Association Foreign Special.

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