New-York tribune., 1906-11-16
READY FOR THAW TRIAL
Recorder Gof May Hear Case
"Unzcritten Lac" Plea Dropped.

Both the prosecution and the defence in the
case against Harry Kendall Thaw have com
pleted their case and nothing now remains but
the trial itself TO determine whether Thaw shall
suffer for the shooting of Stanford White on
June %
1t was learned that the case will probably
take about four weeks TO try It Will be called
the first week in December. Who the Judge VIII
be is as vet undecided, although the District
Attorney prefers Recorder Goff. in the Court Of
General Sessions. Recorder Goff becomes
tustice of the Supreme Court on January l. and
must resign as Recorder before that time But
IL the case should not be finished by the eIu VI
the year, It is said that motion could be haue
TO transfer IT to the criminal branch OF the 9u-
prerne Court and Justice Goff could then con-
tinue hearing II.
It is believed that the securing of a jury VIII
take AZ least a week a prominent lawyer in
terested in the case said yesterday that the NV"
opposing counsel have thirty peremptory chai-
lenges which they can use. Also, 1t is polnled
out. that large proportion of the talesmeh win
undoubtedly have read a great deal ABOUT l'e
now celebrated case and will have formed oplll-
ions which will exclude them without chal-
lenges The securing of n jury will consequent
ly be an arduous task for both sides.
The prosecutions presentation of its case is
NOT expected 10 take more than one day. or. at
The longest. more than two days. 1t VIII be
practically pro forrna. All the prosecution VIII
do will be TO produce witnesses proving that
Thaw killed White. and, if possible, to have Wit
nesses swear 10 pTemeditation
The defcnce's case Will take days, if not
weeks, to finish great number OF witnesses
Will be on hand. They will come from all
parts Of the country II is expected that the
defence will have more witnesses than at any
ba15 IN Nav
Some will come from London and Paris.
The defence undoubtedly believes that Thaw
will be acquitted One of the principal lawyers
of the defence said yesterday that if com
promise of even mansaughter in the second
degree which means but three years at Sing
Sing, was offered it would be refused AS to
the possibility Of Thaw ever going to Mattea-
wan. it scof1ed at.
The Tribune can state positively that the de-
fences idea Of using the 'unwritten law plea
was dropped yesterday for all time There are
but two defences allowable in this jurisdiction for
the charge of murder-seIf defence and insanity.
The defence it is believed, VIII urge Justnca-
1iOn for the shooting, with the Strengthening
point of emotional insanity at the time of the
commission OF the crime. While this will not
be exactly the ''unwritten law" or insanity, 1t
will be a compromise between the two The
case Of the shooting Of Francis Barton Key
many years ago in Washington by Major Cen
eral Daniel r. Sckles. of which General Sckles
was exonerated. win be q precedent which
lne defence VIII argue
An interesting development yesterday was the
appearance of May Keerd in the case. Miss
Kellerd some years ago WAS connected with the
Barbara Aub case in which Recorder Golf, as
trial Judge, also figured. She has affirmed that
she has much important testimony regarding
White and Thaw, in which she personally fig
ured. She called at the District Attorneys s
office. but her testimony not taken there
Later she went to the office of Clifford w. Hart
ridge, personal counsel for ThaW but Mr.. Hart
ridge said he was not interested in her evidence
and pleaded too much business to see her.
Dolphin NJ Delmas, the new lawyer IN Thaw's
behalf who is an associate Of Mr.. Hartridge,
conferred with Mrs. William Thaw yesterday.
The defence. IL is learned, has had every knotty
problem which confronted II referred to
score OF prominent lawyers in the last four
months and each question decided abso-
way il is said. the defence is ready practi-
oally every legal technicality to fight for Thaws
life.
While the Thaw family e spending many
thousands Of dollars in young Thaw's behalf,
the trial, which viii probably be handed down
as one Of the most celebrated and sensational
ever heard in New York County viii be un-
usually inexpensive one for the county and the
taxpayer. This is due to the fact that there will
be few witnesses for the prosecution.
Thaw. il said yesterday. is very bitter at
the tardiness of the District Attorney in calling
his case Every prisoner in the Tombs on a
charge Of homicide before Thaw's arrest has
been tried and a number Of similar cases since
Thaw's arrest have gone before juries Thaw
keeps a memorandum Of all prisoners brought
in their crimes and when they are tried. In
this wav he has found that his has been
held back. perhaps because Of its importance,
while q great many other cases. less important,
but having come Up since June %, have been
disposed Of.