The San Francisco call., 1907-01-28
.DELMAS OUTLINES
THAW DEFENSE
the ''UnwritenI
Law" nor Emotional In
sanity Will Form It's Basis
JURY WE'LL GUARDED

NEW YORK, Jan. 27.-One of the
lawyers for Harry K. Thaw said to-
night that neither emotional insanity
nor the "unwritten law" would be
pleaded in his defense. 1t was an
nounced also that the defense would
not require more than five days for
the presentation of it's testimony to
Justify Thaw's killing of Stanford
White.
Thaw's lawyers held a conference in
the home of Henry c. McPike, lasting
from IL o'clock this morning until s
o'clock in the evening. Delmas out
lined the defense of his associates.
Mrs Harry Thaw was present through
out the conference. Mrs. Douglass, a
stenographer, also was there to make
memoranda. After the conference Del
mas took long drive through Central
Park, accompanied by young Mrs.
Thaw.
In conversation with The Call repre-
sentative Delmas denied positively that
he had protested against the appear
ance of Mae NICK Kenzie, the chorus girl.
in the courtroom with young Mrs.
Thaw.
she is not a witness in the case, ne
vitaIly connected with it," said he, "and
can see no objection to the presence
of any pretty girl The more OF them
the better I never said a word about
women in the party. 1 have never
spoken to the Countess of Yarmouth,
and have simply been formally present
ed to Mrs. Carnegie. My business is
not with them, but to protect my
client"
TALKS OF THE DEFENSE
When asked to outline the defense
Delmas smiled and replied:
1T would hardly be professional to
disclose our case. You may say, how
ever, that it will come strictly within
the statutes of New York There is no
higher law in this State, and all this
talk about the 'unwritten law is bosh.
Nor can / see the efficacy of a plea of
emotional insanity. Phere is really no
such thing. man may be temporarily
insane, but that is quite another mat
ter"
Delmas expects that another week
will be required to fill the jury-box.
Each side has used only eight premp-
tory challenges of the thirty to which
it is entitled and it goes without say
ing that both the prosecution and the
defense will exercise great caution in
the selection of men. If the defense
can, it will choose those In middle liff :
Only one man among the seven jurors
selected has hair tinged with gray.
Ninety talesmen are left in the present
panel.
Harry Thaw was in good spirits to-
day until he had read the Sunday pa"
pers, whose contents, so far q S the.t
intimated that there was dissension
among members of his family or coun-
sci, displeased him greatly. A note OF
inquiry was torn to bits unread and
the messenger was instructed to say
that the prisoner desired neither to see
nor to hear from any newspaper men.
SUDDEN CHANGE OF MOOD
When he arose this morning Thaw
was cheerful and reiterated his con-
hdence in acquitta1. To his keepers
he expressed satisfaction with the
jurors already chosen. After reading
the papers his mood so changed that
when the hour for divine worship ar
rived he, for the first time in several
months declined to attend.
The seven jurors who, under guard
of FIVE officers of the court squad oc-
cupy a suite on the third floor of the
Broadway Central Hotel. have passed
an uneventful day Unable to agree
upon a church which all might attend,
and not being allowed to separate they
compromised by spending the morning
hours at the hotel. In the afternoon
they were taken for a drive in Central
Park. They had their meals together
In private dining-room. No mail was
received by any of the seven. Two
jurors during the day wished to tele-
phone TO business associates. They
were escorted to telephone BOOTH
where an officer communicated for
them. Neither was allowed to talk or
listen on the wire.