The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-03-09
THAW CASE DELAYED
Prosecution Asks for Post
ponement Until Monday. :
MORE SENSATIONS PROMISED
District Attorney jerome Expected
to Ofer i'm RebuttaI, Which VIII
Features of TrinI-Defense Seems
Highly Pleased with Its Position.

New York, March S-Dlstrict Attorney
JerOmes fight to convict Harry X. Thaw
for the murder of Stanford White will be
resumed on Monday when the prosecution
viii put in its case in rebuttal This will
furnish one of the most interesting fea-
lures of the trial. and there may be testi-
mony as sensational as any that has been
produced so far.
When Justice Fitzgerald's court opened
this morning Lawyer Delmas made this
simple announcement: The defense
rests"
ThaW had come into court smiling and
apparently in good humor Jerome, who
had been notified Thursday afternoon.
made "a motion for ali adjournment of the
trial until Monday. He said:
After matters that had been presented
to the court on Wednesday before ad-
journment We had no reason to believe
that we would be called upon to proceed
with our case to-day. We find now that
IL viii be impossible for US TO go on this
morning. The defense has done nothing
which it has not a perfect right 20 do. and
l make no insinuatiOu of improperly in
the action taken. but from the statements
made by Mr.. Delmas in relation to the
/ framing Of a hypothetical question 10 be
based upon all matters of fact in she case,
and not 20 be in writing. I anticipated
that we would proceed in that manner
this morning. Yesterday at 3 o'clock was
the first iutimatiou 1 had that 1t would
nesses to put on, because my experiences
with hypothetical questions put in that
way is that it requires ii good deal Cf time
to frame them and a good deal Of discus
sion % get them TO conform with the
facts in the ease and the rulings Of the
court. and therefore / have not any wit
nesses TO present 10 the court. and / trust
that the court viii see that 1t is not any
fault of mine"
Case Adjourned Until Monday.
Mr. Delmas responded that ne thought
the district attorneys request was a very
reasonable one. and made no objection
10 it, Justice Fitzgerald then adjourned
Ithe case until Monday Thaw smiled and
seemed pleased when he heard the deci-
sion of the court
As Mrs Evelyn Nesbit Thaw left the
court she, was served with a subpoena
Guces tecum by one Of District Attorney
Jev0me's detectives calling upon her 70
produce some of ThaW's letters. These
are the letters which she has testified She
got from Thaw and turned over 10 Law
yer HartTidEe. She has said on the stand
that sEc would produce them u Is not
believed that she viii turn the letters
over to the prosecution, as she has good
excuse IN that she gave the letters 10
Mr.. Hartridge and she has not got them
These are the Thaw letters which were
not produced in evidence by the defense.
Thayv seems Satisfied.
After leaving the courtroom Mrs. Thaw
went over 10 the TOmbs and had "A talk
with her husband. Il was said that Thaw
was nettled by the delay, but those who
saw him said that he gave no Indication
Of miuding it "a bit.
Jerome viii have until Monday to get
his case in rebuttal ready. He spent all
Il this afternoon with Assistant District
Attorney Garvan getting ready. He viii
not go 10 his home at Lakeyille. Conn,
over Sunday, but viii remain in the city
putting the last touches on the case.
After court adjourned he had "a long
conference with Drs. Mabou, Flint and
Macdonald, the aiienists for the prOsecu-
ton. At this conference the nature Of
the hypothetical question which viii be
put TO these doctors was gone over.
Prosecution Observes Secrecy.
II is the intention of District Attorney
Jerome and Mr.. Garvan TO keep to them
selves as much as possible the nature Of
fr. -
tai. 1t is almost certain that Lawyer
Frederick W. Longfellow, who was c0un-
Sc! for Thaw, viii be called by the prose
cution Il was 10 Mr.. LOngfelIow that
Evelyn Nesbit, as she then was. brought
a letter. after she had left Thaw in
Europe in the fall Of 1893. Mr.. Long
lows testimony may have some bearing
on the question of whether she told 10
Thaw in Paris the story she says she
told him about White.
A newspaper reporter who interviewed
Thaw in the Tenderloin station will be
called by Mr.. Jerome. Not long after his
arrest Thaw told the reporter about the
note which his wife had slipped 20 him
at the dinner they had at the Cafe Mar
tin shortly before the shooting. In sub
stance he gave the reporter what was IN
the note This note, which is now in evil
dence said. There is the b now"
meaning White. The contention of the
prosecution is that Thaw was sane
enough right after the shooting to know
about things that happened two hours
before he killed White.
Howard Nesbit May Testify.
Howard Nesbit, young Mrs. Thaw's
brother, and May Mckenzie, Mrs Thaw's
constant companion. were served with
subpoenaes by the district attorneys Of
flee to-day.
1t is possible that Charles Hartnutt
who was Whites private secretary, may
be called as a witness. He was familiar
with Whites financial affairs and could
tell about the money that White expended
on young Mrs Thaw before she married
Thaw. and her mother.
Neither Mr. Jerome nor Mr.. Garvan
would make any comment to-day on how
long il would take them to put in their
cases in rebuttal.
Mr. Delmas' action in closing the case
for the defense to-day was a surprise to
some of the Thaw lawyers.
DeImas IndOrses DIR. Wiley.
DR.. Wiley. Of Pittsburg, who had such
pleasant time with District Attorney
Jerome at the opening of the defense
case. bobbed up again to-day. He walked
into the colITt buiIdina carrvir7cy 9. b.a,-,-