The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-03-20
EVELYN IS
TO END IT
VERDICT ON SATURDAY
Strain Of Roof Garden Murder Trial
Telling On All Eng
aged In II.

NEW YORK, March 20.-At con-
ference OF counsel for Harry X. Thaw
II was decided TO put Evelyn Nesbit
Thaw ON the stand TO contradict the
testimony OF Abe Hummel.
Thsw's lawyers believe that the
young wife will he able TO explain
away the effect the seeming contradic.
lions In the afiidavit produced by Hum
mel has had upon the public mind and
naturally upon the jury.
by prolonging his cross examination
OF one OF the seven alienists lntroduc-
ed by the defense to testify that Thaw
was insane when he killed Stanford
White. Jerome made II impossible for
the defense 10 finally close Its case be-
fore adjournment was taken.
There is pending only the matter OF
the admission OF a letter written by
Thaw 10 j. Dennison Lyon. a Pitts
burg banker. which Mr.. Delmas said
would help, 10 hx the young mans
state OF mind before the roof garden
tragedy, and the examination Of Eve
Ign Nesbit Thaw briefly 10 combat
the testimony OF Abraham Hummel.
District Attorney Jerome limited that
he had another important witness for
the prosecution. but Il II thought that
today will SEQ the end of all the testi'
mony that Is b. be offered by either
side. An adjournment then will he
taken until tomorrow. when Mr. Del
mas will begin his summing M. He
will have all Of Thursday 90 himself.
and Mr.. Jerome will reply on Friday.
Justice Fitzgerald may charge the jury
that evening or be may for the frst
time hold court on Saturday In order
TO conclude the case before the week
ends.
As an interesting indication OF the
drift " sentiment at the trial q pill
10 the newspaper men who have herp
daily In attendance was taken. n
shows an overw heImine belief that the
long drawn ont trial now In lts ninth
week viii finally lead no fsrthcr than
disagreement Of the jury. Of the
forty or more newspaper writers who
have becn engaged In the courtroom
since the frSt day one expressed thu
belief that there would he verdict ~
guilty. two believed the verdict would
he not guilty aud all. the Others icnk
forward 20 a disagreement.
The strain OF the trial IA telling more
and more upon all those connected with
Il =. the days drag by. II was grnrr
ally noted that a number Of the jurors
appeared extremely tired and pale.
rhsw Ia holding up remarkably well
hut said that he. too. was beginning "a
feel completely tired out. lie ask~l
permission 10 retire for ave minutes
and when he reached the corridor lead
ing 20 the prisoners pen lighted a
cigarette and walked briskiy up aud
down.
During the cross examination OF one
Of the experts Thaw's prison guard
created much amusement by falling
fast asleep In his chair. He slumberei
on for several minutes. with his chin
on his breast. before Que Of the couSi
attendants gave him q sharp nudge
The guard rubbed his eyes and looked
sheeplshly about lie stood up durine
the remainder OF the session.
With the exception OF the last few
minutes the entire session was given
over TO expert testimony. Mr.. Jerome
occupied many hours with his cross
examination OF DIR. Smith Ely Jelline
who said he believed Thaw had beer
insane fer more than two years and Z
half preceding the homicide.
Drs. Charles w. Pilgrim, Mina'
Gregory. Charles q. Wagner and Brit
ton d. Evans answered the prosecu
tons hypothetical question for Mr.
Delmas aud gave u ~ their opinion
that Thaw's reason wns 70 defective
when he killed white that he did no
knew the nature or quality Of the &C
or that the act was wrong.
when Dr. Evans. the last Of the cx
perts. stepped down Mr.. Delmas ask
I'll permission 10 introduce In cvldenc'
one Of the letters sent on from Pitts
burg by Mr.. Lyon. Mr.. Jerome object
I'd unless all the letters were admit
ted. The point was still being argue