The Washington herald., 1907-02-10


Harry X. Thaw expressed themselves to-
day as being perfectly satisfied with the
way things have been going for their
client. Clifford W. Hartridge said:
we are absolutely confident of acquit-
tai. The only thing we hope for is that
District Attorney Jerome viii not force
US into opening more Of this so-called
Tenderloin gossip"
Mr.. HaTtrtdge's remark about the Ten
derloin gossip amused some persons, as
that is just what Mr.. Jerome has been
fighting to keep out.
One thing is certain: The defense
shows every sign Of being confident Of cor
TobOrating Evelyn Nesbit Thaw's story It
is said that the defense has in its pos
session afidavits from persons who are
ready to testify to the truthfulness Of
the sJOiy which has been told by young
Mrs. Thaw. It has not been definitely
decided whether Thaw will so on the
stand. Unless there should be absolute
necessity for it, in the opinion of Lawyer
Delmas. who is now in charge of the de
fense. Thaw will not go on the stand.
When young Mrs. Thaw is through
with her story. Mrs. William Thaw, the
mother Of the defendant. will go on the
stand. unless there should be some
change in the present plans of the de-
fense. 1t is pretty certain from what
both sides have said that the trial viii
last al least two weeks more.
The cross-eXaminatior or Evelyn Nesbit
Thaw by District Attorney Jerome is ex-
pected 10 be a long one. Mr.. jerome can
attack her credibility as a witness and
also attempt to show that she never told
the story she has been reciting on the
stand TO her husband. either before OF
after the marriage. It is known that the
district attorneys Office has lot of evl-
dence and information which has not be
come public
Defense BunEIed.
AIr. Perkins, of Pittsburg the lawyer
who drew the viii of Thaw, VIII be here
to-morrow probably. He is relative OF
George Lauder Carnegie. who Is a brother
in-law II -Thaw. There is not any doubt
in the mind of Mr. Delmas that he viii not
be able to get the VIII in evidence. Even
in the opinion Of the prosecution this
testament viii have great bearing on
the case
As an illustration OF how the defense
has been bungled, it was learned yester-
day that Lawyer Delmas did not see this
viii until q few minutes before Il was pro-
duced in court on Friday. 1t was known
that there was such a will. bur it was
only when Lawyer Gleason produced the
viii from bag he carried that it was
known that he had it. One Of the most
surprised men was Delmas He was alb
solutely unprepared. and the witness. Miss
Pierce, had not been questioned about it in
advance.
The jury stayed in the Broadway Cen
traI Hotel to-day. In the morning some
of them wanted to walk and others
wanted 10 keep in doors. AS a result none
of them went out.
tt is understood that the defense pro-
poses further to prove that White pur-
sued Mrs. Harry Thaw after her mar
riage and that Thaw learned of it. Alien
lists viii be pun forth to testify that Thaw
was insane, and the prisoners mother is
expected 10 tell of things il her sons
early life that indicate his mental un-
sOundness.
JeFOme's Delicate Task.
Mr. Jerome VIII have a difficult and
delicate task in the cross-examination of
young Mrs Thaw, which is expected to
begin on Tuesday He must handle her
gently, even if he is tempted to do other
wise. or forfeit the sympathy Of the jury,
for no man could look unconcerned on
any other method of dealing with a wit
ness whose appearance is so perfectly
girlish and appealing as that Of the sIen-
der little woman who told why she would
not marry Harry Thaw when ne first
asked her.
Moreover. the rules Of evidence do not
permit the district attorney to attack the
truth of most of the statements she made
on the witness stand. But Mr.. Jerome
will be allowed to question the witness
with a view to proving that she did not
tell Harry Thaw all the things she said
she told him. He viii also be allowed to
introduce evidence to show that Thaw
knew these things already. and. there
fore, could not have been affected by
them. as claimed.
All in all, the best chance OF the pros
eCution seems 20 be with the aIienistS
and TO lie In an effort that whatever the
distracted state of Thaw's mind was
when he killed White. it did not amount
10 insanity within the meaning of the
law.
Harry Thaw has now been on the trial
for his life since January % Since then
there have been thirteen days on which
court has been in session. Eight OF
these days have been devoted TO hIling
the jury box, the other five 10 taking evi-
dence.
With the exception of last Monday. all
these FIVE days have been devoted To the
submission of evidence for the defense
II is contended that the defense has IN
mind a hereditary taint, and when to
this is added the knowledge of the things
told him by his wife of her experiences
with Stanford White, and how White
did everything he could to biacken
Thaw's character in her eyes. it viii be
ccme clear to the jury how his reason
became 50 unbalanced that he was driven
TO kill White.
Defense siade Bad start.
There is no denying that the defense
made "a bad start 1t might have been
assumed that an effort would be made
to make the strongest sort Of an initial
impression on the minds Of the iurymen
Instead of that, the defense called to the
stand as it's first witness physician
from Pittsburg, who testified that he was