The Montgomery advertiser., 1907-03-09
THAW SIDE
 RESTS CASE Jerome Begins His Re buttal Monday. SESSION. OF FIVE MINUTES District Attorneys Plan of Attack
 Still Mysterious.
 ----s-- Has Aiready summoned Evelyn Nesbit to Testify Against Her Husband whiIe May Mckenzie |.
 Also Notiaed.

the Thaw case rested today immedi- ately after the convening of court and an adjournment thereupon was ordered until Monday morning at 10:s0 o'clock. District Attorney Jerome said that while he had been informally notified yesterday afternoon of the changed plans of the defendants counsel. he had come to court today expecting to be confronted by additional expert testimony as to Thaw's state Of mind. His witnesses were not ready. he ad- ded, and 1t was upon this representa- tion and with the freely granted con sent of the defense that the adjourn ment was taken.
 The court proceedings occupied less than five minutes and District Attor- ney Jerome returned at once to his office and began preparing bis cam pafrn of rebuttaI testimony. Almost his first move was to have subpoena served upon Mrs. Evelyn Nesbit Thaw requiring her to produce in court any letters she may have in her possession written by Stanford White.
 The District Attorney had May Mc- Kenzie notified to be in court Monday prepared to go upon the witness stand, Miss Mckenzie had been under sub poena the State ever since the trial began She is the intimate friend of Thaw's wife and during the first stages or lHc tTial tltS tWVaW WSAS Ah- separable.
 Lately. however, Miss Mckenzie has been seen but seldom about the crifn- final courts building. There is no tn- timation that the two young women have quarreled--Afisa Mckenzie proba- bly, found her position rather trying sitting day after day in the witness | room with the Thaw family
 It Is also said that Mr. Jerome has summoned Mrs. J. |. Caine of Bos- l ton, who already has testified for the l defense Among the other known l witnesses for the State are Dr. Bing- ! aman of Pittsburg and pr, Deemar of Kittaning. Pa, the Thaw tnd Copley | family physicians. The defense orig 1 inally summoned these physicians but l MT. Jerome has publicly stated that | the doctors can give very important testimony which the dsSense has tailed
 Call pr. McLnne HamFlton.
 The prosecutor has stated in court that he will call as an expert Dr. Al- 1 Ian McLane Hamilton who at first was in the employ of ThAw's attorneys, but left the case when Thaw dismissed the | firm of Black, OIcott. Gruber and Bon ynEe, who were retained In his be- half by his mothers legal advisers. I Drs. Austin Flint, Carlos MeDonald 1 and and William Mabon have been in I Thaw trial began and have attended every session. They are prepared to testify at a moments notice
 Just what District Attorney Jerome intends to prove or will be allowed tc prove on rebuttal, remains as deep a mystery as ever. The prosecutor him. self Is probably at loss to know how far he can go in attacking Evelyn Thaw's story and in adducing evidence tending to contradict and discredit her His plan of campaign may he | entirely changed at any time by an adverse decision from Justice Fitzger- ald. MT. Delmas for the defense un- sdoubtedly will make Mir. Jerome's pro- | gress difficult by continued objections l The rules of evidence invoked in the Thaw case differ materially from those | in any recent murder trial in this iu- | risdiction and 1t has been evident from the first that the attorneys on both sides have been feeling their way eau tiously.
 | edly will again summon Abraham Hum mel, a lawyer, to the stand to testify as to the adavffiit Evelyn Nesbit is alleged to- have signed, charging Thaw with cruelties because she would not tell lies about Stanford White" The prosecutor attempted to introduce thi' testimony by interrupting young Mrs Il was barred at that time MT. Jerome believes that upon rebuttal Justice | Fitzgerald will allow him a mucf I wider latitude than was granted or I cross examination.
 Howard Nesbif's Testimony. l Howard Nesbit was with the District l Attorney today and 1t is said he vii be called to the stand to testify that his sister told him rhaw had treated her cruelty while abroad in 1903 be- | cause she again would not tell lies about Stanford" Mir. Jerome hopes by the brother to corroborate the tes- timony he expects to elicit from Abra- indictment at the present time for al. legged subornation of perjury In the Dodge Morse divorce tangle.
 with all the witnesses here enumer. ated and many others under subpoena MP Jerome adhered to his prediction of last night that the case might b. given to the jury by next Friday. MT 1erofna when asked today how many I Witnesses he would call. replied smil'
 ssThe minimum is zero and the max limuun twenty five; 1t may be either.
 5e would not modify what he saiC yesterday to the effect that in the pre- sent state of evidence he would as arredly let the case go to the jury anC moi ask for n commission. This deterrn inatfon on the District Attorneys par pleases Thaw's lawyers and the de fendant himself. who all along hi feared the asylum for the criminal in sane far more than a verdict as t' his guilt or innocence under the sta tutes.
 rittsburg. today. Dr. c. c. Wiley. tn first alienist put upon the stand b! the defense gave out for publication letter sent to him by MT. Delmas Thaw's chief counsel, the letter stat by pr. Wiley had been fully confirm ed by that of the allenists subsequent ly examined. and contained the follow ing significant sentence:
 'They have but reiterated you opinion that. upon the facts of tn case, the defendant at the time of tn homicide was of unsound mind"
 From this expression by MT. Delmas 1t would appear that he does not ex ] ,naot to nse tha nIen of Justification