Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-08
THAW MAY SOON
KNOW HIS FATE
Defense Causes Much Surprise
by Resting Its Case.
DOES AWAY WITH EXPERTS
Opinion Now Held That the Case
Will End Next Week.
HOWARD NEsBIT SEES JEROME
Impression Prevails That the District
Attorney Will Put Him -
on the Stand.
HOWARD NESBIT SEES JEROME

Special Dispatch TO The Star.
| NEW YORK, March S.-The defense in
! the case of Harry K. Thaw rested this
/ morning and the representation OF Mr.
| Jerome that, because he had expected that
| the defense would ask a hypothetical ques-
| ton which would consume some time he
had no witnesses ready, an adjournment
was taken until Monday morning. Thaw
had come into court with his usual array
of letters, files and correspondence evident-
ly expecting the case to go on, and was APP
parently much disappointed over the fur
ther delay.
Immediately after the court session OPEN
ed, Mr.. Delmas arose from his seat near the
witness stand and said: THE defense rests"
The only persons in the room who appeared
at all surprised Were the jurors. who had
not had an opportunity to know in advance
of the sudden change of purpose of Thaw's
counsel.
Mr.. Jerome was on his feet Immediately
to ask for an adjournment.
After the matters which were presented
to the court after adjournment Wednesday
afternoon he said I'VE had no reason to
proceed with our case today. We find now
that It is impossible for us to go on this
morning. The defense has done nothing
which 1t had not a perfect right to do,
and l make no insinuation of improperly
in the action taken. but from the state
ments made by Mr.. Delmas in relation to
the framing of a hypothetical question to
be based upon all the matters of fact in the
case and not to be in writing. / anticipated
that we would proceed in that manner this
Yesterday O'Clock
first time / had any intimaton that that
would not be done
Had No Witnesses.
"Of course l have no witnesses to put on,
because my experience with Hypothetical
questions put in that way is that 1t re-
auires a good deal of time to frame them
and a good deal of discussion to get them
to conform with the exact facts of the case
and the rulings of the court, and therefore
l have not any witness to present to the
court and 1 trust the court Will see that 1T
is not through any fault on my part
Mr.. Delmas said he had not the slightest
objection to adjournment until Monday
and Justice Fitzgerald was quick in grant,
ing it,.
seems to be reasonable and, Mr.. Delmas
conserving, l am inclined to consent to an
adjournment
Justice Fitzgerald then set Monday morn
ing at 1920 o'clock for the continuance of
the trial and the seventh week of the Thaw
case had gone into history with the issue
still unsettled.
May Finish Next Week.
1t was said by those in position to judge
that the case might be finished by the lata
ter part of next week or, at the latest, dur
ing the early part of the week after next.
Mr. Jereme has said that his witnesses will
probably not take more than three or four
-r;,, hair tact frr,nn nd hpi
examination and the summing-up should
not take more than three four days
more 1t is not unlikely that Mr.. Jerome
and Mr. Delmas will each consume a day
in presenting their sides of the case to the
Jury, and, giving them as long time as
this the evidence should go to the jury
within ten days, though unforeseen delays
may cause II to lap over into the tenth
week.
Howard Nesbit May Testify.
Howard Nesbit, brother of Thaw's wife,
came to the criminal court building this
morning for the first time in several weeks,
and went Immediately to Mr.. Jerome's Of
fee 1t would appear from this tn. the
young man may be called as a witness for
the prosecution. What effect his testimony
would have is hard to conjecture, although
it may be that the young man may know
more about some parts of his sisters story
than any one except Evelyn Nesbt Thaw
herself.
Mr. Jerome and Mr.. Garvan repaired
Immediately to their office after the adj
journment to spend the day in a final ex-
animation of their witnesses and in the
preparation of their case in rebuttal What
their line of procedure would be was still
proolematical.
Mrs. Thaw Again to Testify.
After Thaw had returned to his cell he
manifested his disapproval of the halt in
his trial. He told his keepers that he had
expected today.s- proceedings to materially
shorten his courtroom ordeal. and sent for
Dan OReilly of his counsel. and requested
him rather vehemently to make an effort to
change the courts decision. OReilly told
Thaw, of course, that this was impossible,
whereat Thaw protested even more strongly
and apparently couldn't understand why
the court and attorneys had been so incon-
siderate of his wishes.
Finally Evelyn Thaw went to see her
husband and, 1t said, soon wrought
an Improvement in his state OF mind. She
remained in the Tombs about an hour and
when she came out was all smiles. When
asked what pleased her SO much or II she
had anything to say, she placed her index
finger to her lips and shook her head mega
lively Then she joined Dan O'Reiliy and
walked with him up Center street to the
Worth street station of the subway, where
she took train uptown. 1t was the first time
Tha:H's wife had ever walked away from
and quite a crowd followed her and her es-
cort up Center street. She did not appear
to mind 1t.
Some Letters Wanted.
Before leaving the Tombs Thaw's vile
was served by a process server from the
district attorneys Office with a subpoena to
produce certain letters which were at one
time In her possession. During her cross
examination by Mr.. Jerome the district
attorney brought out the fact that these
letters had been stored in a warehouse with
her household effects. After obtaining
them again. she testified. she had turned