New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-09
SUBFGNASTHAW'S WIFE
DEFENCE FINISHES CASE.
Jerome to Trg 10 Prorc Prisoner
IYas Wants H'bite's Letters.

As was predicted. counsel for tho defence os
Harry II. Thaw rested Yesterday morning.
district Attorney Jerome being uuprepared 20
oesln the rebuual at such short noticc. askod
Tor and obtained an adlournrlent urtH NIon-
cay t"oruius- The question is what the
District Attorney VIII attempt 90 bring out
through the Witnesses be VIII CALI He has
many persons under subpoena. and yesterday
added 20 the list tho prisoners Wife Mrs. Eve-
iyn Nesbir Thav, whom he wants % produce
certain letters from Stanford White. What ths
defence VIII do after MT Jerome gets through
is purely "a matter OF suruise In al probability
the tsal wiu continue for two weeks and &c
may not be finished before the end o. March.
When Justice FitzCerald took his seat IN ths
Criminal Branch Of the Supreme Court ysstsr-
day morning Air. Delmas arose and simply
said.
THE defence rests"
Mr.. Jerome replied: After adjourument 90
wednesday, the prosecution had reason 70
believe that it would be called upon % proceed
to-day. and II viii be impossible to do 50 now.
From the statements made lv Mr.. Delnas n
relation 10 the framing OF "a hypothetical ques-
tion To be based upon all the matters of fact IN
the case. 7 anticipated that would proceed
In thar matter This morning. Yesterday. at $50
O'Clock. was the first time 1 had any intimation
that that would not hc done. OF course. / have
no witnesses to nut on to-day. because my ex-
peTience with hypothetical questions is that {.
requires d good deal of time to frame one and a
good deal of discussion to get it TO conform With
the exact facts of the case and the rulings oc
the court. Therefore. I have no witnesses pres
ent and under the circumstances must ask
for adjournment until Monday"
There is not the slightest objection TO the
request OF the District Attorney" NIr. Deimas
replied
Justice FitzGeraId acceded to the application.
saying: "The request Of the District Attorney
seems to be reasonable. and. Mr.. Deimas COR
senting. I grant IT,"
The entire proceedings lasted about iva
minutes
TO SHOW THAW WAS SANE
The rebuttal it is understood. viii either b
OF great length. occupying many days or exc
ceedingly brief, II Nlr Jerome Is able to do so.
he Will call very few witnesses. nearly all OF
them alienists But If he finds that a more
complete case IS necessary. nearly a score OF
witnesses who are under subpoena viii testify
II is assured that the three insanity experts
will testify, at any rate. They were in con-
sutation with Mr.. Jerome yesterday. studying
the hypothetical question which viii be asked
/ them. This question is not complete as yet. bus
viii be finished to-day and viii embody all OF
the points in the case which. from the Districe
Attorneys point of view, 60 70 show Thaw sane
June -. It is understood that the question
will be exceedingly long and win take nearly
two hours to ask
One OF the most importaut witnesses whom
the prosecution will probably call is Fredericlc
w LongfeIlolv. Mr.. LongfeHow has been civil
counsel for Thaw for years, but is under sub
poena by the prosecution 1t is understood that
he will be forced to testify as to the Incidents
attending the return from Europe in the fall OF
1905 of Miss Evelyn Nesbit and her subsequent
actions here All the facts about her return, it
is said. have not been given by the defence.
ALIBI FOR WHITE
The District ATTORNEY. 1t is believed. win raaIs
a strong effort TO set testimony before the jury
showing that Stanford White was not with Eve
lyn Nesbit on The night she charges he mall
treated her Mr.. Jerome has the records from
Sherry's restaurant showing that that night
an order was filled for stanford White for a
supper party at the Madison Square tower
The girl charges that she and White were in a
house in West Gath street on the same night.
Another witness for the prosecution. in all
probability will be Mrs. Evelyn Nesbit Thaw
herself. As she arrived at the Criminal Court
Building yesterday by Mr. Jerome's direction
she was served with a subpoena duces tscum
compelling her to produce all the letters she
ever received from stanford White. Whether
be called at any rate. to identify a letter sent
20 her by her brother. Howard Nesbit. which ths
prosecution has in its possession When shs
was under examination by Mr.. Jerome
over two weeks ago Mrs. Thaw expressed her
willingness that the District Attorney should
have any letters Of hers from Stanford White.
and she specifically waived any right she mighs
have TO withhold them, and said 9Ir, Hartridss
had some in his possession Mr.. Hartridge was
put on the stand. and claiming his right Mrs
Thaw's personal counsel, he refused to produces
the letters Mr.. Jerome had him served with a
subpoena to bring them to court, and there ths
matter was allowed TO rest
OTHER IMPORTANT WITNESSES,
Two others who were subpcenaed for the prose-i
cvtiou Yesterday were Miss Mae Mackenzie and
Mrs. j. J. Game. Miss Mackenzie had besn
under subpoena for several weeks. but nsv
subpoena returnable Monday morning, was
served on her yesterday. Howard Nesbit VIII
probably also testify. Another who viii be called
Is Charles Hartnutt, the secretary OF STANFORD
White. I4artnutt's testimony. it is believed. VIII
he important as he will tell Of the checks and
moneys paid by White to the then Miss Nesbit
It is learned that if the prosecution persists
in puttine, young Nesbit and Hartnutt on tho
stand. the defence. led by Mr.. DelunSs viii giva
them as severe a gruelling as possible.
Dr. Francis McGuire. the Tombs physician
another of Mr. Jerome's witnesses. viii testify
as a general practitioner. and viii so into ds-
tails about the mental and physical condition Oe
Thaw during his nearly nine months impFisOl-
ment There are four expert alienists retained
by the prosecution. but only three will prOba~
bly, testify and reply to the hypothetical quss-
tion-Dr Carlos Macdonald. DR.. Austin Flint