The Montgomery advertiser., 1907-03-08
CAsE rAKEs suppEN TURN.
srhayvss Counsel Announce That Defens.
 WiIl Declare 'skest. v

Thayvss Counsel Announce That Defense
 VIII Declare stkest."
 New York, March 7.-There was another quick turn of the cards in the trial of Harry K. Thaw late today when the defense announced that 1t had concluded to rest it's case. It was near ly six o'clock when Dalphin M. Del rnAaf chief of the Thaw counsel, called Diatricr Attorney Jerome on the fele- phone and made the announcement.
 Tho District Attorney was perhaps the most surprised man in New York, for it had been understood when Jus tice Fitzgerald resumed the bench Fri- day morning at 10:30, the Thaw attor- neys would call one or two alienists.
 Cert will assemble tomorrow as planned, but what will be done is a question much discussed tonight. MT. Delmas will make the simple announce ment, The defense rests"
 It will be the duty of the District Attorney to take up the rebuttal, but 1t was generally rumored tonight that after a brief session adjournment will he asked and granted until Monday, that Mr. Jerome may mature his plans.
 Lawyers Advise DelmaH.
 The sudden decision of the defense came after conference of Thaw's law yers in MT. Delmas office late this af- ternoon.
 It is understood that Lawyer Daniel OReilly and Gleason were with Mir. Delmas during the discussion as to the best course to pursue. When an agree nlent was reached Mir. Delmas immed- lately notified the District Attorney Henry Clay McPike, associated with MT. Delmas. later called at Mir. Je- romes office and it is believed handed the District Attorney a letter. He re. fused to discuss the situation.
 It is known that Mir. Delmas Is bus fly at work on a hypothetical question which will be propounded to the ex- perts for the state. Mir. Jerome's move in the morning is awaited with inter est There are numerous witnesses that could be called in rebuttal in- cludingalienists from the state who have been in court every day since the trial opened, studying Thaw. Howard Nes- bit, brother of Mrs. Harry Thaw, Miss May Mckenzie and others have been called on daily and may be summoned in the morning. The general supposi- tion is, however, that adjournment will be taken.
 Case May Quickly End.
 It was further understood tonight that the defense will attempt to con clude it's cross examination speedily. dealing very briefly with the aifenists. How long MT. Jerome VIII take on re- buttal is another question of impor- tance The case may close with this rebuttal. although the defense has a chance for sur-rebuttal.
 On good authority it was said that Delmas would sum up for Thaw. This too, has been question under discus sion.
 The close of the defense with the testimony of Mrs. William Thaw, moth CT of the defendant, 1t was said at to- days conference that it was decided that no better climax could have been reached by the defense.
 Several of Thaw's attorneys visited him in the Tombs today and he was notified of this decision and cancurr- ed.
 The question of a Iunacy commits sion looks prominent still. MT. Jerome may ask for the appointment of such commission at any, time and this may halt proceedings.
 Fear Lunacy Commission.
 Thaw's lawyers and the defendant himself it is said, have more fear of a suspension of the trial in favor of the appointment of lunacy commits sion than a verdict by the present jury The defense is prepared to fight such an appointment, however.
 Mrs Harry Thaw visited her hus- hand early today and remained a long while. She seemed bright and cheerful Mrs. William Thaw and her daughters, the Countess of Yarmouth and Mrs. Carnegie, also visited Thaw during the afternoon.
 MT. OReilly of Thaw's counsel. to- night gave out a letter which he said had been received by Thaw last month and which Thaw himself desired pub ushed. Thaw, however. refused to hermit the name of the writer to be made known. The letter follows:
 February 9, 1907,
 Dear Sir-It is wrong that nothing "a done to counteract the impression