Show DESPERATE FOR LIFE I BEGINS FOR HARRY K THAW Personnel of Jury Finally Filially Chosen Is Satisfactory to Defense and Stubborn Resistance Will Follow At Attempt Attempt Attempt At- At tempt at Unseating l 1 PRISONER AND WIFE MAY NOT BE PUT ON STAND Attorney Delmas Declares Unwritten or Higher Law Will Not Have Place in ill Trial Trial Mrs Holman Not ot to Be Summoned ff I New Nei cw York Feb 3 Both I.-Both Both Harry K Thaw and anti his hs counsel are entirely entire entire- I ly lip satisfied with the personnel of or his Jury as at ut 1 present constituted The expression of oC that satisfaction was made tonight ht by Dolphin Delphin 1 M. M senior counsel for the slayer of oC Stanford Stanford Stan Stan- fOl ford White Coincident with this statement was the well vell authenticated 1 report that the district attorney would endeavor tomorrow morning morningto to have at nt least two more Jurors dl dis dismissed missed from the tho case Harry HalTY Ien Kendall Thaw Is entirely satisfied 1 with his Jury saUl said Mr 11 Delmas Delmas Del Del- mas tonight I 1 saw him In the Tombs toda today and he Is eager cager to face trial Counsel for Mr Thaw fin find 1 no objection objection ob ob- ob- ob to any o of tho the twelve men finally finally fin On- ally selected to act as juror jurors On the theother theother other hand we feel that his case cao will willbe willbo be bo Judged b by a jury o of Intelligent men of oC Integrity and reputation Sn Says 1 Thaw Will HI Re He Treed Personally I am perfectly contented content content- ed cd that an any jury of twelve men mett se selected selected so- so from any part of or too the United States Slates would after hearing the Thaw defense Ien send him forth Corth a n fleeman free flee man Thaw will vill be freed Creed upon the strict application of or the laws on tho the statute books booles of oC the state of oC New York There c cwill will vilI bo be no Intervention of or the so call ed unwritten or higher law as ns has been surmised We e do not nee need to togo togo togo go behind the statute books to convince convince convince con con- vince his ls jUr Jury that he should be ac acquitted cc- cc quitted Every Indication tonight led to the belief bellet that thal the prosecution In the Thaw case had been caught napping In the selection of oC tho the jur jury and that the defense would woul 1 fight against any attempt by hy tho the district attorney to dismiss dismiss dismiss dis dis- dis- dis miss an any of or tho the twelve o jurors unless convincing evidence was established tt lr reputations of rt statement they h might bi h t b-t used against him County Count detectives s Cr from m the district attorneys attorney's office were bus busy today Inan in inan inan an attempt to locate Mazle Mazie Folletto the former Conner showgirl and aull Intimate friend of oC Evelyn Nesbit Thaw No confirmation was got of ot the Iho report that she is the tho daughter of oC Henry CHarney C C. Harney Harne Juror No G 5 In Inthe the Thaw trial Not u a DUlI Daughter of Juror Miss Hao Ilac Mackenzie friend and companion of Evelyn and a ahong along along long hong time friend 1 of or Miss Follette l to today te- te day declared at the Hotel Lorraine that she was certain that Miss 1188 Folletto Folletto Fol- Fol letto was as not a daughter laughter of oC Juror Harne Harney Har liar ne ney of ot tho the Thaw ease case Because of or her announced friendship for tor Stanford Stanford Stanford Stan Stan- ford White Miss I Follette was to have been bee called as a witness ss for fOl the prosecution prosecution prose prose- ro e- e cution mUon but Mr 11 Jerome later decided that sho would woul 1 not be summoned 1 after atter af uC- ter tel he had learn learned cd that she slie was an intimate friend of or the wife of oC Harry Kendall Thaw Tho The district attorneys attorney's ollice to tonight tonight tonight to- to night declined to say whether hether attempts would be bc mad tomorrow to have Juror Harney and Wilbur E. E Steele No 9 0 ti dismissed from the Jury jun Steele Is the Juror who Is now discon discovered red to have havo been hicen nn an oJ old time friend and as associate as- as of oC William Thaw father fathel of Harry K Thaw in North Dakota and throughout the North Northwest est That still another juror is under the ban of oC the district attorneys attorney's of- of lice fico was learned today when it was learned that county detectives were investigating the the record of this mart man It Is s reported that ho recently made the statement that If It he lie was chosen as ns a juror Thaw would never go to the d death ath chair or 01 the mad house Conference of Attorneys Attorney I 1 Held I cli An important conference of or altor- altor flora nes for the defense was held from 10 10 o'clock this morning until 7 o'clock tonight at tho the of ot Clifford V. W. No Broadway y There were ielo present Dolphin M. M D senior counsel Clifford W. W Hartridge A. A Russell Peabody D. D A. A J J. J C C. Gleason and Daniel OReilly This conference followed 1 an hours hour's visit Isil to the Tombs b by lc l sr Delmas Delma Peabody and Final 1 measures for the conduct of the defense e were discussed and It Is h known that Thaws Thaw's counsel will make It known at the tho openIng of ot court tomorrow that good rea reasons must be shown for COl an any at attempt attempt attempt at- at tempt on the part parl of oC the district at attorney at- at tome torne torney to dismiss more mare Jurors While it is now ness certain that DIstrict District District Dis DIs- Attorney Jerome will not call Evelyn Nesbit Thaw to the witness stand for tho the prosecution the defense has not yet finally decided whether It will bo be necessary for tor Thaws Thaw's wife to taku the stand Evelyn elyn Nesbit Thaw the tue woman In lit Inthe Inthe the case and the defendant both have havo expressed their willingness willing willing- ness to take tho the stand no matter maller what such a course might cost them theta Thaws Thaw's wife would suffer Buffer any attack that might bo ho made by tho the pro prosecution prosecution ecu ecu- tion lIon while she was on tho the stand and he Sho has nerved herself herselt for the ordeal should that course bo ho necessary ar Thaw May hl Be ne 1 Kept It Silent While Thaw Is anxious to take the tile stand and has hal been boen confident that hl his explanation of tho the sh shooting down of oC Stanford would free him the defense of ot temporary Insanity which is to be set up by his hlll counsel ma may obviate tho the necessity of or his appearance appearance appear appear- ance save at his scat at the tho counsel table Two weeks was t the e limit of oC trial as estimated b by one ono of tho counsel for COl defense today estimate closely tallies with that of or th the district attorneys attorney's attorneys attorney's ney's office There Is la hi ways the possibility pos pos- I however that an art attempt b by bythe bytho the tho prosecution to introduce certain testimony will len lengthen the trial The alienists of or the Thaw defense arrived arrhe 1 tonight from Crom rout Pittsburg They arc are Dr C. C C. C for Cor six years superintendent of oC the Pennsylvania slate state hospital for Cor the lie Insane Dr C. C F. F BIngaman for twelve years ears past Thaw liias family ph physician an and Henry Hutchinson an expert on Insanity from Pa Dr when seen een In his hotel tonight declIned declined de do- dined to make malie an any statement for Cor lullI pub lull I ice t ion I 1 havo have even eliminated yes and no from my vocabulary said Dr DI I do 10 not know whether I Ishall Ishall Ishall shall go on the witness stand I am am nm here herc merely at the thc request of oC the Thaw Interests Not ot II to 11 Question Mr II Ims Im's Holman Denial was made today that there was any possibility h III t of the appearance I of Mrs Charles J. J Holman mother of Mrs Florence Evelyn Thaw in the Thaw trial It was stated that the district attorney Is now convinced ed ell her hot testimony regarding Stanford White and his alle alleged ed attempts to save sa Evel Evelyn n Nesbit from being taken to Europe by b Harry Hairy Thaw would prove PiOVe inadmissible I I 1 dont don't believe that Mrs Holman ever evol Intended to come here to testify testify test f fy sal said 1 former Chief of of Police OMara Ol of Pittsburg tonight OMara is now the thc chief Investigator for tho the Thaw defense Anyway neither her testimony nor that of oC Howard Howar Nesbit could Injure Thaw In this case casee We e have never worried about whether they would testify or ot not noL Mr 11 Ir OMara lara also appeared certain th that t Miss Ida Filch Fitch of Pa a young oung woman said to lo ha have hae e been approached at one time b by Thaw would never ne appear in itt the trial to testify as reported from rom tonight A sensational story was told about the criminal courts court's building tonight that the real reason for the district attorneys attorney's to have hae Daniel Strother Walker son of John Walker al excused from Jury jUly service selvlee la lay in the fact that Walker now has relatives under arrest in Iii Virginia for avenging their sisters sister's honor by the unwritten law K n on 1 for s r s 's p n II e- e L. L t 1 Walker according to a n statement ma made to the district attorney is a nephew of the late General David II Strother of Virginia lnla General Genera Strother was vas the distinguished artl artist t and anti writer and arid was a noted cavalryman in iii th the W war var l' l of or th the rebellion The Tho two brothers Strother who killed a man according to the code of oC the unwrItten unwritten un un- un- un written law are aro clo closely ely r related to Walker As Ai a result of ot this the district district dis dis- dis- dis net attorney Is said to have decided that sympathy for 01 his relatives relative might affect young oung Walkers Walker's Judgment Judg judg- ment mont regarding regarding- Thaw Roger HoseI OMara stated tonight ht thain that tha in the event of oC Thaws Thaw's acquittal the tho young millionaire intended to return to 0 the family fatally home in Pittsburg and amid there begin his life anew Thaw Tha has learned his lesson said sale OMara He SHe comes of fine stock am and has announced his intention to lo leave the fleshpots alone In the event o ohis of his acquittal of oC which I am confident Thaw will go o to Pittsburg with his wife and there begin life anew No Xo matter mattel how this Ca case e ends I 1 know linow that Thaw has found himself and will ill meet hl his fate like Ii a man May Try IY to to Ou Oust t More Jurors It was generally deJ tonight ht that an attempt to lo oust more jurors by the district altorn attorney ml might ht consume consume con con- sume slime the morning session of court tomorrow In that event It will be he possible lo that thai Iho tho opening address ad nd- dress h by Garvan Galvan will not be made until un- un til iii the opening of or tho the afternoon s ses ss- s- s sion slon Mr 11 Garvan's Careens opening will be brief and to the point lie He will contine con- con tine himself to a plain statement of facts unadorned b by rhetoric of the presentment of facts in the case as beheld by the prosecution The district attorneys attorney's will at attempt attempt attempt at- at tempt to prove murder in the tho first degree ree and In the tho prosecution of oC that purpose will call various witnesses to tho the stand 1 who will testify as to the actual c circumstances of oC the shooting down of White hile DI District Attorney Jerome will wil conduct conduct conduct con con- duct the direct examination of oC wit wit- Immediately at the thc conclusIon conclusion sion shea of or Mr 1 Garvan's ad address address- Mr 11 Jerome will vill probably call his wit wIt- nesses Five of or the tho Thaw Jurors juror went to church toda today tolay for COl the first time lime since Captain Lynch of oC the court began guarding guarlIng the fir first t juror select select- ed Cl The other seven men elected 1 to remain In iii their quarters quartets and read the expurgated editions of or the Sunday n newspapers w papers Five Fhe of if T Tunic Go to Church There was some discussion lon of a n friendly nature amon among the Iho Jurors when the subject of attending church ChUlch was broached Finally live of the Continued on Pago Page Three DESPERATE STRUGGLE I BEGINS NS FOR THAW Continued From C On One Jurors decided to nl attend nt church and left lef the selection electon of the tho church to SIC For Foreman Derning Deming F F. Smith The Tho other church chulch g gOers erR bc beside Mr Smith were svere George P. P Fart Faff Henry C. C Bearley Bear Bear- Ie Icy ley Joseph B. B Bolton BoHon al and l Bernard Gi La Leaving the tho hot l un under er guard of or Ol Officers erl D Daly Jy arid and the tho five jurors juror walked to the tho University sity iY Place laco church where wherE they thoy listened to a sermon by the Rev Dr George Georgo Alexander the Ihl pastor rh Then 1 the they returned to lo their hoteL hotel Later Latel the tIme Jurors dined and went driving In half open Olm carriages up up- ii- ii town through the time park and amid back hack to their hotel prison again Thaw spent pen a C quiet Sunday In the Tombs prison on He received a a- vf visit I. I however from Crom Me- Me Ic- Ic Pike anti and of or his inc OHel counsel Tombs rule forbade calls calis cal on prisoners prison prison- ers erR on Sund Sunday 1 hut but there were vere pre precedents prece IreCe- p- p dents tot for 0 this visit In the time trl trials o of Patrick and amI Nan Patter Patter- son soil Thaw was waR in go good spirits puter-I puter an and appeared eager to faco face the ordeal that begins with relentless ss certainty for him tomorrow Ht Refuse to nl DIscuss lq Policy The Tho district attorneys attorney's ys y's office omec tonight r refused ue to lo discuss l the report that further further fur fur- ther then attempts would be made b by the prosecution to lo have other Thaw haw j Ju Jurors jurors ju- ju dismissed on the resumption of or orthe the trial tomorrow morning Th That t I Is a matter mater that I will wl say gay nothing about sal said Assistant DI District Dis DIs- net Attorney Garvan I will wi ga say p however that tho the district attorneys attorney's om office o knows mows that Henry C C. Harney Juror No o 5 5 In the te haw case J Is not pot I the tho father of Miss 1 8 Mazio Mazie t UI the actress I cannot dl discuss cuss an any reports report I that we re contemplate asking that Mr Harney or or oral any al ther other juror In time the Thaw case cne b be he from jury d duty u t y Mr Ir Garv Gar Garvan Garn n im also let Jt t become known that Assistant District Attorney uy tUi ne ney Harford T. T Marshall ha had returned to o this city from and anel was' was wasn In n consultation with him tonight Will vill I They Brin- Brin Mrs hs h's Holman While In Pittsburg MI Mr Marshall larsh l saw rw Mrs Irs Charles J J. J Holman 1 mother of ut Evelyn Eveln Nesbitt Thaw haw and also a C visit to t burg where Miss I Ida a Filch Fitch Fich the young woman who is said to have ma mae made mac e an affidavit against Harry Kendall Thaw resides When asked if it tho ho district ator- ator icy ney proposed to bring Mrs Holman hero here to testify for the lie prosecution ton Mr I Garvan Carvan said said- That Thai Is a matter malf which I will wl say nothing about TIme The nH assistant prosecutor of Thaw I also CIo contented himself with wih the lie same tamo remark tho the report that ihal Miss Fitch Fich hall hail offered to come hero here to 10 t testify against Thaw |