NEW YORK MURDER TRIAL

Otago Daily Times, Issue 13847, 9 March 1907, Page 14

NEW YORK MURDER TRIAL

PARTICULARS BY MAIL, DRAMATIC INCIDENTS IN COURT. j NEW- YORK, January 23. The great trial of Harry Kendall Thaw, tho son of a Pittsburg 'millionaire, for the murder of Mr Stanford White, the celebrated architect, opened to-day in Die er'minal branch of tlio Supreme Court amid unprecedented scenes of excitement, bustle, and commotion. Honrs bafore the time fixed for flic commencement of the proceedings a 'vast crowd assembled at the court buildings in the vain hone of breaking through the lines of sturdy policemen who stood 011 guard at the door of the trial room. That room was early filled to its utmost sitting capacity bv the 200 talesmen from whom tlio jurymen will eventually lie selected, and by some, 50 counsel, medical experts, and special deser'ptive writers attached to the, chief American and European journals. When at 10.30 tho squat, corpulent, figure of Mr Just.ico Fitzgerald, one of the foremost Irishmen in tho United States, filled tlio judicial seal, the spectacle presented by the court, was in striking contrast 10 tliai of 11 British court on tho. day of an important trial. It, was -bare of all those outward signs and symbols that, in Britain enhance the dignity and solemnity of a court of judice. There were .110 wigs, and tho only gown visibilo was that of the judge. The District Attorney (Mr Jerome), wlio is conducting the -prosecution, stood with his assistants within a railing which divides the hall into two almost'equal portions. He was unadorned by any visible tokem of office, and was clad in a simple blue lounge suit. Ontsidb the railing there were none but everyday garments. At a tiny table were six counsel engaged in the defence, and a few feet behind them, accommodated between (lie serried rows of talesmen, rocsi. of whom are men of'iniddlo age and prosperous appearance, were the relatives, male and' female, of lilio prisoner. LADY YARMOUTH IN T COURT. Among (hem was the sombre, black fig'nro of Mrs William Thaw, an elderiy lady with white hair, stiuaro face, anil strong jaw. By her side wfcrQ seated Mrs Harry Thaw, tlio prisoners' wife, whose cfccply lin»d eyes and tremulous chin imparted to her the appcara-nco of one just risen from a sick bed, and Mrs Cteorge Carnegie, one of tlio prisoner's sisters. Mrs Harry Thaw woro a dainty hat trimmed with vio!ets, and a long white veil, wliilo the Countess of Yarmouth, Mr Thaw's favourito sister, who was on tho left of Mrs Carnegie, was dressed in sim.plo green, and had her face almost entirely concealed in a heavy blaek veil. Miss May Mackenzie, tlio chorus girl with whom Mrs Harry Thaw spent tho agonising night that followed tlio shooting of Mr White, occupied a-place to the right of her friend. Tlio actress was clad in purple, and woro a rakish hat, which added the one bright touch of colour to tlio group. In front of the ladies sat the brother-in-law and brother 'of Iho prisoner, Mr George Carnegie, a small, dapper individual in grey clothes, and -Mr Edward 'Ihaw, 11 tall, clean-cut young nian, with clear skin and .hazel eyes, who mused with his gloved hand his crossed knee. Alt tho women were quiet and almost, motionless, listening intently to tho opening preliminaries. Mrs Harry Thaw looked scared, the others merely embarrassed. Suddenly, in stentorian tone?, the summons resounded through tho court, "Harry K. _Tlmw to the bar." - A moment later, amid breathless silence in tho court, the tall, angular form of the prisoner emerged from a door at tho back, and, followed by a deputy sheriff, strode with easy, elastic step along Iho gangway past his relatives to the seat reserved Tov him at the head of the table occupied by his counsel.

THE PRISONER DESCRIBED. He turned for half a second in order to Iww with a constrained smile to his mother and sisters. Then he stared fixedlv at the judge and at a picture of the three fates alwvo that dignitary. Mr Thaw's countenance is tho reverse «of

prepossessing. Ilis forehead bulges over the right temple, his nose protrudes unevenly from thn ocular orbit, and he has long, stringy hair, tinged a dull grey colour. His head is bulkiest at the back'. Ilia complexion is pa-sty, save where two bright patches of colour bum unnaturally between the almost lobalefs ears and the. brows. His eyes are brown in colour, and ringed with unusually largo whites. Before leaving the Tombs lie had expressed himself exultantly at the term of waiting being over. He donned, from five suits specially ordered for the trial, one of blue serge, and aft-sr enjoying a careful shave at the hands of a. barber, disposed of a gigantic breakfast sent from one of the. finest 'restaurants in New York by order of his wife. Those who have conversed with him (loci arc . I hat the regular habits of prison life have restored health lo a. constitution wrecked by dissipation in marvellous fashion. lie lias bad all the benefit of a. medical rest cure,- and -now addresses himself with zest to breakfast, which ill former days lie could seldom touch. He fully intends to keep the reins ol the defence in his own hands, and as the examination of the talesmen for fitness to servo as jurors proceeded lie addressed constant remarks lo one or other of his counsel. Save for a slight twitching of the lips, he manifested no nervousness, and his whole demeanour was inat' of a man arrongantlv rcad.v and eager'for a fight from which he believes he is destined to emerge the victor. When, after a- long period of examination and cross-examination, the -fivs.t juror was selected, Mr Thaw obeyed with military alertness the judge's order to. stand erect and look him in llw face. Slipping off the huge grev ulster which, despite the heated'stuffiness of the court, lie had kept hanging from his 'shoulders, he sprang to his feet, and returned with almost threatening- intensity the gaze of the citize.il who, in accordance with the custom of ihe court, was -commanded • lo fix his eyes on the prisoner as he- took his oath as a juryman.

CHOOSING HIS OWN JURY. Jt was not iced I hat counsel<turned invariably towards llie prisoner when the time came io challenge or accept a. juror, and upon his nod or dissent, expressed by a slight, shake of iho head, depended their decision. Atr Thaw, in fact, was resolutein his determination to choose his own i jury. In prison ho lias been reading' Balzac and Victor llugo willi avidity, in tho conviction that tho study of those authors would furnish him with an insight inio tho hidden springs of human nature esscnlial to Iho selection of a jury who may bo amenable io iho emotional appeal which ho apparently wishes to address to their judgment. There was about him to-day a cocksureness which it is impossible to explain on any other grounds than tlio indulgence with which his every act of viUlness since childhood has been condoned. Only once did ho look startled. That was when ilio District Attorney inquired of Iho first talesman cited, " Have you any conscientious scruples against the death penalty?" As the answer came, a firm negative, Mr Thaw gazed wiili a shudder at the idle, sensual hands with which he was drumming the I able, and seemed for it 'moment to realise the possibility that the career he has followed has actually brought, him in peril of his life. II; was noticed at the outset, that Mr Jerome was particularly desirous of impressing llie talesmen with the eondiiions' under which ail insanity defence could bo allowed. He (|iiole<l tiic law io show that unsoundness of mind could not lie accepk.d as exoneration fbr the crime except on proof that, at the time of tho act tho prisoner was labouring under such defect of reason that he did not know the character of the deed he was committing j or that it was wrong. But as Mr Thaw, ivith flashing eyes, noted each point made I by Mr Jerome, it seemed difficult to realise that this defence could legitimately bo put forward. His counsel were not accompanied by any specialist in brain diseases so far as it was possible to fee, but behind Mr Jerome were sitting two of the most celebrated alienists in America, Drs Austin Flint and 0. F. Macdonaldr Their presence shows that iho prosecution i s alive Io the importance of having iho testimony of first-class experts in rebuttal of tho plea of temporary emotional insanity. Tho work of sifting iho talesmen continued all day. and when, at 5 o'clock, Mv Justice Fitzgerald adjourned the court, only two jurymen had been selected out of a. total of 19 examined. Mr Thaw smiled broadly as tho judge overruled the objection of the prosecution to one talesman, who, while admitting that he had a sentimental antagonism to iho principle of capital punishment, afiirme-.t that lie would accept, the law on that subject. But his jubilation was short-lived, for Mr .Jerome challenged peremptorily tl'o fitness of tho talesman, and tho candidature lapsed. As he left- the court at recess time'and at the close of iho silting. Mr Thaw gave a bright nod and smile io Lady Yarmouth, seemingly without noticinpr the ether liicmbors of his family. Only once, as lie Dassed down tho aisle a sceond time, did his eves meet, those of his tired wife, v.*ho had liecn watching tho proceedings with tho air of a frightened deer. She. brightened up after that incident, and engaged in animated conversation with Miss May Mackenzie. , THE SECOND DAY. XEW YOBIC, January 21. The examination of the talesmen—tho word in America signifies simply citizens liable to serve on a jury, and lias not tho restricted English meaning of a juryman impressed from among tho bystanders in court—proceeded, but it soon became evident that, the extraordinary measure adopted by Mr Justice Fitzgerald in ordering the complete isolation o[ tho jurymen as long as ,tho trial shall last had appreciably diminished the desire of those summoned to serve. The two iurymcn selected yesterday only loft the court under the closest supervision of a staff of State detectives, whoso duty is to guard them froini all intercourse with the outside world. With them as iliey dined last night and breakfasted this morning was a detective. When they retired to rest in rooms specially reserved for them in a Broadway hotel a detective paced the floor without tho elo-cd doors. Mr .lustica Fitzgerald and Mr Jerome, tho District Attorney, who leads tho prosecution, nro apparently under apprehension lest tho millions or other influences that stand at the, back of ihe prisoner may be employed to tamper willi the jurors. Sucii a. measure has not been adopted in llie N'ow York courts for a dozen years, and undoubtedly it was Ihe determining motive of the plea which many talesmen lodged fo-tlav that llfoy had already formed views on Iho guilt of the prisoner, and could not, therefore, act as impartial jurors. One after another stopped into tlio witness-box and entered a sworn statement that adroady. as tho result of reading tho newspapers, they cherished strong views on tho case. All were excused from serving'.

One talesman in particular, a stockbroker named Charles Ncwcombe, was most frank in tho expression of his scruples. When confronted with the stock question: " Do you know any reason why you would bo unable to return a fair and impartial verdict in accordancc with the law and tho cvidenco submitted?" he replied, '"Why, yes. Guess it would get on my nerves io bo locked up for two monihs." "Would vour isolation," inquired llr Hartridge, for tho defence, "prejudice you against the defendant';" "AVoll." responded tho stockbroker, "I 6in afraid it would set me on edge," He was barred.

Another talesman, a young advertisement ageni, .Air Arlhur Easter, who blushed like a girl in answering tho questions, was excused on account of his inability to distinguish between the various kinds of doubts of which tile juror must, give the prisoner tho benefit. Ho announced bis readiness to alford Air Thaw the advantage of any doubt. Asked by Mr Jerome if ho would modify his verdict because of a doubt which might be possible but was not reasonable, he hesitated, and the argument which followed soundod like a discussion on tho vexed subject of "fixed fate" and "free fate" and with which of tho two fallen angels v/ere tortured in "Paradise Lost."

The District Attorney recited tlio entire gamut of doubts—real doubts, reasonable, imaginary, and' possible. doubts. Finally flic talesman confessed that all doubts were tho same to him, and was dismissed by ibe judge on tho ground' that lie was not gifted with the imagination' and reasoning powers essential to the.efficient, juror. When I lib court adjourned until next day three talesmen had been accepted, bringingl up the total of jurymen chosen to five. This is the net result of two whole days' session of tho court.