The morning journal-courier., 1907-12-30
.THAW'S SECOND TRIAL AT HAND Week from To day He Will be Called Before a Jury
 for Murder of
 White.
MOTHER WILL BE PRESENT
Countess of Yarmouth Not Expected Defense to be the Same Evelyn Nesbit to Repeat
 Her Story.

New York, Dec. 29.-One week from
 to-morrow Harry K. Thaw will be 4 called a second time before jury to
 meet the charge of having murdered
 Stanford White. There have been sev-
 eral postponements of the second hear ing of this noted case, but it is now said there will be no further delay Tbaw and his attorneys are actively
 preparing for the trial, and the states
 case has been ready for presentation
 for some time.
 It is announced that Mrs. William
 Ihaw, mother of the defendant. is ex-
 peeted In the city by next Saturday.
 Mrs. Thaw has been in very poor
 health, it is said, but believes she will
 be able to be with her son during the
 opening hours of his second effort fo,
 life and freedom. Other members Of
 the family circle, including Mrs. George
 carnegie, Harry Thaw's sister and
 Josiah and Edward Thaw, his broth
 CTS are also expected to reach the city during the week and will remain
 throughout the trial. The countess of
 Yarmouth, the defendants sister. is in
 England and is not expected to attend the second trial Mrs. Evelyn Nesbi+
 Thaw who has been a daily visitor at the Tombs ever since the mlstrial of April 2l last, will, of course, be in the court room next Monday It Is not yet known whether the rule excluding all witnesses from the court after tho jury has been empanelled will be in voked at the coming trial It is pre- sumed it win not be, for the testimony brought out at the first trial is too | well known to make the separation of witnesses of material advantage to I either side.
 There have been many rumors as to | the plans of the defense for the second tral and 1t has been reported that an antNely new line of action would be followed. It can be authoritativelv 'aid, however, that the defense will be the same, that Evelyn Nesbit Thaw VIII again relate her story to the jury and that an imposing array of expert llienists Will again undertake to es- ablish the contention that Thaw was insane at the time he killed Stanford White In the Madison Square roof gar len, but has So far recovered his men ,al balance as to be no longer men Ice to the community ana therefore Is untitled t0 freedom.
 It Is declared that no mention will ,e made Of higher or "unwritten aw" but the defense win adhere 'trtctly to plea of legal insanity at he time the act was committed-a de- ect of reason which rendered Thaw incapable of knowing the nature or luality of' his act, or that the act was vrong Ii is such a defect which un- Ter the New York statutes excuses the. commission of an otherwise criminal ct. Mistakes made at the first trial, 'haw's attorneys will studiously try to void during his second trial In the natter of expert testimony, fer in- tance, they will offer only that which roved most effective before. And hay ls once felt the sting of District At ]. )rney Jerome's skillful cross eSamina- lon as to all phases of diseases affect io AifN ttiiis 0NNNi ul VI lllt IHdW eX- x. erts will be in a much more secure osition than they were at the first 'ial
 Evelyn Thaws it has been variously 2 eported, would and would not take, the and In defense Of her husband There
 no longer any doubt that she will ', therwise it would be difficult for the ~ efense to predicate plea of insanity Jlthout her story as the moving cause : IT the mental state which spent it's Try in the death of Stanford White on le gatly lighted, crowded summer roof Il arden, Harry Thaw's plea for immun- y from punishment would have little
 back 1t.
 Evelyn Thaw again will be'the storm T nter of the trial and next in impor- n nee to her testimony will be the tes- lt mony of several aIienists who test- U d before. ol District Attorney Jerome will. of te urse, be prlmed to combat the testi- SC ony of the ahenists. His formidable ~ 'pothetical question. which was put U
 nine state experts together, and up- CD which they based opinions entirely ih fferent from those held by the ex- re rts for the defense, will be polished eC ! for use in rebuttal The states di- ca ct case will again be very brief It oi Il be augmented by the testimony of mes Clinch Smith, brother-ih-law of anford White, who met and talked tn Thaw the night of the tragedy. e. ?. Smiths testimony was regarded by :. Jerome as highly important dur , the srebuttal in the first trial Daniel O'Reilly, one of Thaw's per A, nal counsel, who served throughout of } first trial, is ill., but it is thought cu
 will be well enough to attend the ca ening of the trial he 1artin w. Littleton of Brooklyn in O nominated Alton B. Parker for on 'sident at the last democratic ma Ri nal convention will be leading col1n- VI He will have the assistance of MT if Reilly and A. Russell Peabody. who ar o went through the first trial and fiv 5 kept in touch with the defendant be re than any of the other attorneys, vi, aw is fond of MT. Peabody and has Mi avs expressed absolute trust in 1