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PRICE: KbS 40 CENTS VOL. XXXV. M Mil Hit til) SIX JURORS SWORN TO TRY HARRY THAW FOR MURDER GUILTY IS VERDICT OF MESKIL JURY TRIAL OF SLAYER OF PATRICK LYONS ENDS ACCUSED MAN CREATES SENSA. TION IN COURT Prisoner Testifies in Own Behalf and Introduces New Name In Case, Which the Prosecution Says Is Myth "We, the jury, find the defendant guilty of murder In the first degree." A hush fell on the great crowd of men and women thronging Judge B. N. Smith's department of the superior court yester day .afternoon as W. G. Benedict, fore man of the Jury which for almost three days has been listening to the evidence in the trial of Daniel F. Meskll, charged with the killing of Patrick H. Lyons on November 80 last, read the verdict which will in all probability send the convicted man to the gallows. The last day of the trial occupied prac tically the entile session of the court and was filled with sensational events, the defendant himself taking the witness stand In his own defense and later inter rupting an Impassioned argument of tue district attorney with an accusation against the veracity of a. witness, an in terruption which comlner at a time when the feelings <5f every person in the room were wrought to the highest pitch almost caused a stampede among the crowd gathered or the north side of the cham ber. A new name was introduced in the tes timony yesterday, when Meskll. under examination, declared he and Robe were accompanied on the night of the killing of Patrolman Lyons by a man named Jack Shields. This man, the prosecution declared, Is a myth, the creature of Mes kil's imagination, brought into being dur ing the long hours spent in his lonely cell at the county Jail. ~-; Meskil Says Mind Was Blank As predicted, Meskll also declared he lost consciousness at the time of the ac cident on Central avenue, when himself and companion were thrown from a buggy in which they were fleeing after the failure ti hold up a grocery. His mind, hr said, became a blank at that time, and he remembered nothing more until he reached the rooming house at which he was, staying at Sixth and Wall streets. 'Another personage, who is also claimed 1 ..■ the pr<!seou»k>U;to be a non-exl«tent being, was. Introduced Into Meskll's tes : tlmony In connection with this accident, and it was .while testifying concerning this man that Meakll made a claim that he was not receiving just treatment In his trial. ' M. ikll said that while suffering from the effects of the accident on Centra] avenue he was assisted to his, rooming house by a stranger. "Who was he?" asked Mr. Fredericks. "Thai's what I'd like to know; I'd like (o have him subpoenaed," the prisoner de clared, his voice taking on a note of in jury. "I'm not a legal defendant and I can't subpoena witnesses," he continued, a statement which greatly puzzled the attorneys. For half an hour before the opening of court Meskil and his attorney, S. M. Bmyser, were closeted in Judge Smith's chambers In earnest consultation, and it could be sen thai the prisoner was laboring under freat strain. As he en tered the court room he assumed the same cool demeanor which haa marked him while In public since the afternoon of l.is arrest. Courtroom Again Crowded The courtroom and corridors were tilled with a, curious crowd when the trial began. Arthur Grosser, proprietor of the -winery which was held up Just before Patrolman Lyons was killed, was called to testify regarding the relative heights of Robe and his companion. lie said the man wearing the mask was the shorter of the two. A hill in the proceedings occurred at this time. Mr. Smyser stating that lie was awaiting the arrival of a valise, said to be the property of Meskll. During the Interval of twelve minutes Meskil and his counsel consulted earnestly together. and when the valise was brought in by Detective A. W. Rich the prisoner was heard to protest Dm* It was not what he wanted. "F moan the stuff they sot which be long! to me; I want to get i' bere," ho deolared In a rough voice, apparently controlling his anger with sumo difficulty Permission was given Mr. Sniysor In consillt v/lth Meskil In the Judge's cham bers, and the attorney and his client re turned within Iwo minutes. . "Daniel K. Meskil," called Mr. Bmyaer, and the prisoner arose slowly from his seat and walked to the witness chair. Ills face was pale and wore a look at de termination. ■ Meskil said ho was 20 years old and v.'as born In South Chicago. His father, he said, died sevan years ago. leaving a widow and nine children, most of whom . now live in Lincoln, Neb. lie learned the ' trade of a machinist in Stonlngton, Conn., ho said, about six years ago, and came to I.us Angeles about the first of Novem ber. He met Rolla Robe In a pool room at Sixth and Main streets, and in an swer to the question, as to the date of the meeting said It was "about a week before this awful crime wan committed." "Jack Shields" Enters Case ■ The name of Jack sin. was then placed in evidence for the first time. • "Did ' you form the V acquaintance of Jaok Shields?:' asked Mr. Smyser. • : ■Yes; I met him about the first of No vember in the same place," replied the witness., .r ;•,""•' ":,:■ ,'; ■ --, ■'■■• Shields, be said, was a little starter thin h.mself, was heavily built mid had ,i itnoothi full face. .; Meskil said he met" Robe and Shields ■on ". the ' afternoon of " November i 30, and after playing pool they went to Central avenue, where tin tried to rob a grocery, Shields .remaining in the buggy holding tin- horse while his companions were en deavoring to enter the store. •The store, *he said, was closed and , they could not get.in. When they returned to, the rig Shields j took a I seat in the back part ■of "the buggy, while Meskll and Robe occu pied the seat,' Robe driving.--V IQEM MM ■■• Meskll then told of the accident In which , theyiwere ; thrown ; from; th« ' buggy, and ■aidJhe remembered nothing -more,until (C'uutioued <iv pane t»vo) LOS ANGELES HERALD NEW OCEAN LINER TO HAVE DRESSMAKING AND TAILOR SHOPS In Addition to Providing for Sartorial Needs Ocean Flyer Will Have Well Equipped Dia mond Store By Auociated Presi. NEW YORK, Jan. B.—Although it would seem that the extent of luxury of trans atlantic travel had already been reached, this Is not the case, according to the de scriptions of the liner Europa, which ia now being built at Belfast. The new liner Is to have all the Im provements that are to be found on the latest 3teamera —elevators, swimming pools, restaurants and palm rooms, and In addition Is to have a few conveniences that are new to ocean travel. Among; other things there will be a com plete Parisian dressmaking establishment and a tailor shop with English, French and American tailors. There will also bo an establishment which wiil carry a large stock of diamonds and other Jewels, that purchasers may uso some of tho time they have to spare in making such pur chases, and put In the usually llmiuJ. time in Paris and London doing other things. The steamer will carry two enormous tanks, in which it Is planned to bring live soles from Dover and Stettin for tho New York market. ARMED MAN ROBS CAR IN LONELY SPOT MASKED MAN GETS BUT THIRTY CENTS Highwayman Followed to Heart of City, but Escapes from Officers at First and Broad way Car No, 220 of the San Pedro street line of the Los Angeles railway, on Its way to the cast side barn, was held up in Klyslan park shortly after 1 o'clock this morning and the conductor and motor man robbed at the point of a pistol. The robber was masked and stopped the car at the park entrance. There were no passengers on the car and the robber secured 30 cents for his trouble. After he bad taken this amount of money from the conductor, the. robber or der, d the motorman to proceed on his way and, turning, ran down the embank ment and up the railroad track, disap 'pearlng in the darkness. Tlie polios were ut once notified, and although the entire section was covered with officers within twenty minutes no trace of the man was found. Later trace of the robber was obtained and he was followed into the heart of town, 1 i.t escaped from the officers at First and Broadway. MOVER AND PETTIBONE COME TO CALIFORNIA President of Western Federation of Miners and Member of That Or. ganization Acquitted at Boise, to Visit Here Special to The Herald. LAS VIiGAS, Nev.. Jan. B.—Charles H. Moyer, president of the Western Federa tion of Miners, and George A. Pettibone, a member of the organization, who waa acquitted recently at Boise, where he was accused of murdering former Governor Bteiutenberg, will puss some time in Southern California. Messrs. Moyer and Pettibone, accom panied by their wives, went through here today on the Salt Lake limited. They ex pect to make short visits In other Cali fornia towns before proceeding to Los Angeles. Mr. Petttbone, whose health is shat tered, expects to recuperate rapidly dur ing his stay on the coast. 1000 WOMEN PLEDGE THEMSELVES NOT TO WEAR BIRDS ON HATS By Associated Press. CHICAGO, Jan. B.—l'ledges not. to wear the plumage of any birds other than crows were signed yesterday by women representing thirteen organizations in the Federation of Women's, dub, the oca D being a meeting of the seventh district of. thai body. The pledge excludes domestic fowls. Mr-. S. I*. Peterson, chairman of the forestry committee of the federation, prompted tho move In an address, and especial emphasis wasMield on placing the ban on utgrets, regardless of the die tatel Of fashion. Membership in thP clubs represented at the meeting exceeds IMP. To Inspect Engineering Work By Associate' l'ioB». WASHINGTON, Jan. Col. Smith S. Leach, corps of engineer*, principal as sistant to Gen. 1 Mackenzie, chief of en gineers, has left for Seattle under or ders to 'make a thorough inspection of the engineering works along the coast of California from Puget sound to San Diego.' : '!■- ■' _ ' ' , .-. • Two Italians Killed By Associated Vttf. .' ■/■ SPOKANE, Wash.,", Jan.' B.—A •■ special from • Sprague, ; Wash., say* " that ; two Italian -workmen,! mimes . unknown," were killed this morning at camp No. V,Burns & Jordan' contractors," south of here,. by a dynamite explosion. "Three other men were ; injured. .. '• THURSDAY MORNING, JANUARY 9, 1908. SAVE TWO WOMEN FROM FIERY DEATH WIFE AND MOTHER-IN-LAW RESCUED BY HUSBAND MILO BAKER'S MANSION IS DE. STROYED BY FIRE Superintendent of Iron Works Proves Himself a Hero—Suffera Pain. ful Injuries—Valuable Paintings Saved The handsome three-story residence of Mllo A. Baker of the Baker Iron works, at 1346 Westlake boulevard, was destroyed by first last night, entailing a. loss of $12,000. The fire started on a rear porch on the first floor, and is supposed to havu been caused by crossed electric wires. So rap idly did the flames spread that Mr. and Mrs. Baker and Mrs. Katherine Mabry, Mrs. Baker's mother, had a narrow es cape. As it was Mr. Baker was badly burned about the feet and legs In res cuing his wife and mother-in-law. The blaze was first discovered by Miss Rose Germain, v.-ho lives at 1356 Westlake boulevard. Shr gave the alarm and G. B. Bennett, who lives nearby, ran to the fire box at Pico and Alvarado streets and turned in an alarm to the department. From the lower porch, where the flames started, the fire seemed to jump in less than a second to the third floor and spread over the too of the house. The flames burned through the outer walls of tho building and had full pos session of the second and third stories of the house almost before the family knew of it. Mrs Mabry and Mrs. Baker were In their rooms at the time and were in a serious situation, as the fire had cut off the rear stairway and the hall. Rushes to Rescue on First Floor Mr, Maker was In a room on the first floor and ran at once to the second floor. He plunged through the smoke and tin to the room of his wife, and carried her to the front stairway and out of doors. As soon as she was safe he returned and carried Mrs. Mabry out of the blazing house. Neither woman was Injured In the slightest. In,i both suffered severely from the nervous shock and fright and were placed under the Cttre of a physician. Mr. Baker was burned about the feet ard lower limbs by tongues of flame, which came from the burning partitions of the hall leading to the stairway. The house itself was practically de stroyed, and of the handsome and valu able furnishings but little was saved, that part which was not burned being ruined by smoke and water. It was but a short time after the ar rival of the fire department that thn blaze was under control. The firemen and neighbors succeeded In. saving from the building a number of valuable pictures and ornaments. The family went to the residence of a neighbor for the night. The house and Its contents are fully covered by Insur ance. BRAVE CHAUFFEUR CAPTURES MANIAC Frenzied Madman Breaks Out of Hos pital, Routs Police and Fin. ally Is Overpowered by Auto Driver ■ j Asiontated Pros*. SAN FRANCISCO. Jan. S.-A frenzied maniac, twinging an iron bar. which he had wrenched from the bed In his cell. battered down the outer wall of the de tenUon hospital last night, scattered a pesse of six policemen, put to flight thn patrol wagon which brought them, raced down the street and was finally subdued only after a tremendous struggle at the oorner of McAllister and Octavla streets, The prisoner is John IHnko, a Nor wegian sailor, who now lies strapped to a cot with a pistol ball in his leg, and the man Immediately responsible tor Ills capture is Horace l.ea. a chauffeur, who dared Die fugitive's weapon to close and grappled with him. Uinko. who In aboul 40 years old and or powerful muscular development, was Known to be 'a dangerous inmate of the hospital. He was brought In Tuesday night by Policemen DrlsooU ami Clark on the complaint of Andrew J. Nelson of Die Nelson house nt Fourth and Harrison streets, where he liad demolished the contents or a room in a sudden access of mad fury. Policyholders Adjourn Ny Assoelat Pr»4». ' NEW YORK, Jan. B.—The meeting of the policy holders of the Mutual Reserve' Life Insurance fociety was adjourned until February 18 by Judge Ward In the United States circuit coir.- today, bo that all policy-holders may become familiar with the proposed changes In the ad ministration of the company, to- bo con sidered at this meeting. Commissions Issued By Assoclaled Pr»M. SAf'RAMRNTO, Jan. B.—Three National guard commissions were issued today from the adjutant general's office to the newly elected officers of company B, Sev enth Infantry, Kan Diego. Those receiv ing the iiimmissiiins are Captain Herbert R. Fay. First Lieutenant 11. J. Schlegel and Second Lieutenant John M. Loop. Sailor Loses His Life B" Associated Press. t ; , BAN ... FRANCISCO,'. Jan. \ James Rlley, a sailor on the steam lumber car rier Johan Faulsen,* was drowned; some time last night in the channel at the foot of - Third; street. * His ? body,4 was i found this . morning near j the vessel; by ship matee. ■ Ambassador Chosen to Represent Japan 'm^ fir y^SSt TywßW j- i r vm* w 1 '' , ... . : ' ~~~^^^ TAKAHIRA SI TO BE AOKI'S SUCCESSOR JAPAN'S NEW AMBASSADOR TO U. S. SELECTED Mikado's Foreign Office Cables Amer. ican State Department Asking If the Change Will Be • Satisfactory r.' . . ..,, . -■■••-'.-;-. rf— 7—r~r,' yV ..,,-",. -;* S,/j <ty Auoclutid Press. TOKIO, Jan. B.—ln connection with the successor to Viscount Aoki us Japanese ambassador at Washington, the Associ ated Press lihs been Informed that the Jauaneso embassy at Washington was instructed a week ago to formally notify the stuio department of the selection ot Barou Takahlra. at present Japanese am bassador to Italy, and to ask It' he would be acceptable. No reply has yet been received, the for eign oltico attributing the delay to the pressure of business at Washington. It does not believe there will be the slightest hesitation on the part of the American government in accepting liaron Takahlra. FRENCH PRESS CONTINUES TO PREDICT WAR WITH JAPAN By Associated Frew. PARiS, Jan. B.—The sensational section of the French press continues to dwell upon tho probabilities of a clash between Japan and the United States. La Preusc today publishes a lons inter view with Jacques Flasch, the historian and professor in the College of France, who declares his belief thai a conllict is certain for the reason that Japan seeks war. Ha advises the American fleet to be 'on the watch for a sudden Japanese de scent, and asks: "Who knows If the attack made by the Japanese on the Russian ships at Che mulpo will not be repealed upon the Americ in ships?" Continuing, M. Ftaact) advises. Great Britain and France to intervene and put an end lv the trouble before It Is too late. The Journal dcs Debate, a more con servative paper, prefaces a long editorial article with the remark lhat a conllict is improbable, but it then proceeds to out line the circumstances which appear to favor a rupture, in the event of a clash, ihi.s paper believes that Japan will try to seise ilawaii, as the territorial key to the situation. GERMANY HOLDS BELIEF THAT WAR IS NOT PROBABLE Uy Associated Press. BERLIN, Jan. B.—A seml-offlolal com munication denying that there Is Inquie tude ill Germany regarding relations be tweon Japan and the United .States is published today in several German news- papers. v The conviction which has been held In German political circles lhat the states men of Washington and Tokio will suc ceed in settling the points of difference never has been shaken, it ts explained; nor il there any iVar that the diplomatic efforts of both governments to maintain peace and friendship will l-e rendered fu tile by popular agitation. RIO DE JANEIRO PREPARES WELCOME FOR BATTLESHIPS By Associated Press. RIO DE JANEIRO, Jan. B.—The pro gram tor th" entertainment of the officers of the American battleship fleet under Rear Admiral Bvans lias been practlcully competed. The flMt i» expected to ar rive January 11 and will remain here ten days. January 11 and 12 the officers of the fleet will vi3it the ministry of marine and the naval clubs. On the 13th they will be given a breakfast by the minister of ma- BARON TAKAHIRA AND HIS WIFE rine, Admiral Alencar, at the hotel en the summit of Mount Corcovado. The 14th the American ambassador, Irv ing B. Dudley, will give a banquet at Petropolis. the suburb of this city where the diplomats reside. On the 15th the visiting naval officers will be entertalnfd at breakfast by the psgsldent of the republic. Dr. Parma; a Miion at the Crystal palace at Petrop oils will be held on the 16th, and on the 19th there will be a big banquet in honor of the visitors by the foreign minister, Baron de Rio Branco, In the Monroe pa vilion. The date for an entertainment by the naval clnb has not yet been fixed, nor has the day for a reception on board one of the American battleships by Ambassa dor Dudley, HOUSE ROBBED WHILE FAMILY ATTENDS THEATER The residence of A. H. Nelson at 409 West Twenty-first street was entered by burglars !ast night during the absence of the family and property and Jewelry to the amount of *10<J stolen. Mr. Nelson and his wife were attending the theater and returned home shortly oftST 11 o'clock. They found an entrance had been forced by jimmying a rear door and the entire premises ransacked. Summary of the News FORECAST For Los Angeles and Vicinity: Increasing cloudiness Thursday; light north wind, changing to south. Maximum temperature yesterday, 73 degrees; minimum, 45 degrees. LOCAL Verdict of guilty returned In the Meskll murder case. Jury out thirty minutes. Superintendent of Baker Iron works saves wife and mother-in-law! from death in flames. Beautiful home de stroyed. Much street work will be done as soon as mayor signs ordinances. Alleged revolutionist i released from custody. Friends tender him ovation. Crowds flock to open air meetings held on streets by ministers and busi ness men. Francis J. Hcney, famous San Fran cisco prosecutor, visits Los Angeles and speaks at meeting. Home Telephone company wins suit Hied againßt it eighteen months ago. Bird bred by Paderewski on exhibi tion at local show. Recent arrival in city becomes de spondent and commits suicide. X A STERN Six jurors are accepted and sworn to try Hurry Thaw (or the murder of Stan ford White. Anti-rent tenants win victory • over landlords in New York. Many railroads violate safely appliance law. * W. J. Bryan, speaking in Chicago, sees victory for Democrats. House of representatives discusses new banking law. Chicago Great Western railroad in hands of receiver. ■ Union labor organization in New Hampshire is opposed to Taft. F. Augustus Heinle's bank reverts to Edwin Gould. COAST ' Last remnants of Schmit* administra tion are swept out of office In San Fran- Cisco. ■ Abe Ruef. former political dictator of San Francisco, goes ■ from his private prison quarters to the county Jail. Grand jury indicts Fresno election com missioners. Brave chauffeur in San Francisco cap tures maniac in street. < Bobbers discovered In act of blowing safe ', at Searchlight, are captured. FOREIGN ' • Baron Takahira has been appointed to succeeed Viscount Aoki as Japan's repre sentative at Washington. - Irish government decides to investigate "theft of King Edward's regalia from Dublin castle. ; i- " ' - Rio de Janeiro •: prepares to welcome Admiral Evans', battleship fleet. ■..,, - « ■. French »newspapers ? continue , to - print American-Japanese war scares, . >v. X . German, newspapers express belief that trouble between United States and Japan , will be nettled. ; ; mvpi iv rniiii^V' daily, act swwdatv•« 25 LIMI * Jli tUrltlic». our trains, s cevi> BRYAN SEES VICTORY FOR DEMOCRACY COUNTRY RIPE FOR BETTER GOV. ERNMENT Nebraskan, Speaking at Banquet of Jefferson Club in Chicago, Dis cusses Mistakes of Republicans By Associated Press. ■ ' CHICAGO, Jan. -The ■ standpoints from which the aristocrat and the demo crat view society and its activities formed the theme of a speech delivered here to night by William J. Bryan. Mr. Bryan was the chief guest at the Jackson day banquet of the Jefferson club, a Democratic organization. Prom inent party men from several western states were present, the' occasion being generally regarded as the formal opening of Mr. Bryan's campaign for the Demo cratic nomination for the presidency at the Denver convention next July. Among the others speakers were Adlai K. Steven son, former vice president, of Blooming ton, ill., and United States Senator Wra J. Stone of Missouri. The proceedings were so lengthy that it was past midnight before Mr. Bryan was called upon. He said In part: "The question which involves a dis cussion of the relative sphere of the na tion and the state bring out the differ ence in the point of view of the aristocrat and the democrat. The aristocrat wants to get the government as far away from the people as possible; the democrat wants to bring the government as near to the people as possible. • "The aristocrat would substitute na tional remedies for state ones ■ because predatory wealth can protect from na tional legislation more easily than state legislation; the democrat would address the national remedy to the state remedy and thus give to the people the protection of both the state and federal govern ments. <• ■ "The labor question is considered from both standpoints. The aristocrat thinks only ot the large employers; th. ■ democrat of the army of employes and of the public which Is inconvenienced by any disruption of friendly relations between employes and employers. Discusses Imperialism "The quest 100 of Imperialism In like manner presents the difference in view point. The imperialist thinks more of the extension of commerce than of tho preservation of the ideas of self gov ernment, and he tliiiks only of the benefits that might come to the com parative few; the democrat knows that trade purchased at the cannon's mouth costs more than it is worth, and that the cost falls upon all the people, while the profits accrue to but a few. "And so whatever Question we take ,up we find that everything depends ■upon the point of view from which we examine the question, and there In no better illustration of this than can bo found In the financial stringency through which we ar passing- The Republican leaders at once rush to the rescue of the banks after thoso banks had brought the stringency upon tho country by , their unbusinesslike methods. "The banks, of, the rest of tho coun try were discriminated against in favor of the banks of Hew York city, and after the government had exhausted the loanable surplus in the treasury It borrowed money at 3 per cent in order that it might have money to loan to the banks for nothing, and the high financiers count "it patriotism to loan out at emergency rates the treasury money furnished them without Interest. "If the Republican leaders had spent half as much time In trying to make depositors secure as they have;spent In trying to increase the profits of tho bankers we. would not have had any panic at all. '-■' ' "The country is ripe for the application of Democratic I principles to | government and all that Is necessary is for the Demo cratic party to convince the people that it will »be, truly democratic ■; if entrusted with power. .' ','':■ w-". • '- ■ \ "Will the Democratic party be demo cratic? ! Let ;it convince • the i public | thai it will ■be ; and. we shall*have -ai victory which will ; be; fruitful jin .blessings to cv- (ContlMurd on Pa«« S«vea.> j CENTS EXPERTS TO TESTIFY FOR PRISONER DEFENSE'S ONLY HOPE IS TO PROVE HIM INSANE SUBPOENAS THE PROSECUTION'S ALIENISTS Attorney. Littleton Is Making Hard Fight to Force Jerome to Prove Defendant Was Not Crazy " When He Shot White ' By Associated Press. NEW YORK, Jan. B.—The work of se curing a Jury to try Harry K. , Thaw ,< a second time,for killing Stanford .Whit*, was half completed' when : court nd journed, shortly before 6 o'clock tonlght.Jj The original venire of 300 special service^ Jurors had been exhausted at that hour* and the customary night sitting wns not • held. Two hundred additional talesmen have been ordered to report tomorrow. The-, oath ■of service was administered *", to ,v three, men, making six in all who, have I been finally, accepted/ i Three provisional ?«; jurors were also In the box at the clow of the day's session, but they are• still subject to peremptory challenge.' Arbitrary Challenges Used '\ 4 , Another series of these arbitrary ' re-,' moval* reduced the chairs when ■ court -*,-.' assembled, and they were still > vacant , when it adjourned. The defense has now. ,\ used eleven of its thirty challenges, anil the prosecution eight. The sworn Jurors,. In their respective; positions, are: , * ■■;.'■ I—Charles K. Gremmels, ship; broker, ■'. foreman. • 2—Arthur NaethJng. baker. George W. Gary, dry goods. 4—George W. Rupprecht, salesman.- : s—John H.; Holbert, mineral . waters. G—David Arrowsmith, manager. ' Ji'v The provisional jurors are Willimia Me-, Artie, salesman: George M. Metze, drugs.'.; and James S. Davidson, clerk.- -: . v \,•-'.'' In the selection of the jury Martin W. Littleton. Thaw's senior; counsel, <Is, 10 ■ conducting his examination of, talesmen as to impress upon them that should the, ; v defense . introduce ' evidence '♦ tending.D to ' show that Tbaw was iMa.neat^ihe. tin. 'tit (TheTfladlsoh square roof garden > trag- . edy, the • burden of proof will fall upon;- the shoulders .of the district - attorney,'' and he must prove beyond ail reasonable I doubt that the defendant was legally ,' sane. This principle of law was not so clearly enunciated at the former trial. -V :. Defense Springs Surprise t -Thaw's attorneys today furnished the \ first big serprlse of this trial by admit- ; ting that several of the experts who were . retained by the district attorney for; the -', first trial, and who declared, when Mr.'» Jerome made a plea for a lunacy commis- ■ sion, that In their opinion Thaw was so Insane as not to know the nature of the proceedings against him and entirely In capable of intelligently advising with his V counsel, are now under subpoena by lii« i defense. - This move. It is said, is Intended by the defence to block the prosecution's put ting the doctors on the stand, and It in taken by some as showing a determina tion of not having Thaw convicted, even with danger of a stny In the asylum for the criminal insane at Matteawan as the alternative. The defense in the present trial la In sanity at the time White was killed. In making out their case the defense will need to exercise delicate handling to show that Thaw was so deranged at the time as not to know tho nature or Quality of his act. and to show at tho same time that he Is now mentally sound. GOVERNOR'S CRUELTY TO NATIVES RELATED Former Official of German East Africa Declared to Have Flogged Blacks—ls Suing for Libel by Associated Prus. COLOGNE, Jan. B.—The hearing of the suit uf Dr. Carl Peters, formerly gi> nor of German Kaft Africa, agafnnt the editor and the Berlin correspondent of the. Cologne Gazette for libel whs resume*! today. Several witnesses repeated their evidence given at former trials relative to the flogging of natives and the general immorality of the European camp. A former non-commissioned officer tes tified that he had been sent away from the camp because Dr. Peters found his presence awkward, he being compeilxi to report what ho saw to his superior officers. GRAND JURY INDICTS FRESNO ELECTION BOARD Commissioners Charged with Helming to Canvass the Vote on An nexation Proposi tion. By Araocttted Ptw FRESNO, Jan. B.—Tho grand jury today returned Indictments against D. M. Lone, Scott Blair and George P. Robinson, mem bers of the commission appointed to pre side over the election to determine wheth er or not a portion of Fresno county ■herald b« aildi'U t» Kings county. Tin! indictments were returned under a section of the penal code providing that a public officer who willfully neglects to do his duty is subject to a fine of not morn than JIOOO or five years' imprlHonmant, or both. The Indictments accuse the oom of refusing to canvas the vole :u the recent election, which was won by Froi.no county.