Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-04-15
!, DELMAs is sIDETRAckED.
Thaw's Leading Counsel to Have No

S New York, April 15.-Lawyers con-
nected with the defense of Harry Thaw
in the trial just ended explained yes
terday their plans for the future so
far as participation in the case is con-
cerned. Only Dolphin NJ Delnlas,
whose expression ..Dementia Ameri-
cana" in his summing up address, has
brought down upon his head censure
not only from his associates and the
Thaw family, but. from jurists thruout
the country and in England, refused to
discuss his plans.
1t Is asserted, however, that the Cal
ifornian will not be re-engaged and
that Thaw himself is most bitter in his
denunciation of him.
Daniel O'ReiHy, the only, one of the
five counsel who participated in Thaw's
defense who has had any criminal prac-
Z tice in this state previous to the trial,
( is now counsel of record for Thaw He
will be in active charge of the case
hereafter. In the event. of a second
trial he will engage associate coun-
sci.
In discussing his plans Mr.. o'Reilly
said
Not only am / the only one of the
five lawyers Thaw has re-engaged. but
as a matter of fact I have been for
several weeks Thaw's counsel of rec
ord.
Tt was the day that Mr.. Partridge
started to cross-examine DR.. Mabon
and tried to frame hypothetical ques-
tfon, which Judge Fitzgerald would not
allow, that Thaw made me counsel of
record. In his cell in the Tombs that
afternoon he wrote a letter giving me
the post. 1t was similar to the one he
had given Mr.. Delmas earlier in the
case.
when the commission in lunacy re-
questioned all the writings of Thaw,
Mr.. jerome. who knew I had this let
ter, asked me to put it in, but ,ex-
planned did not t.want the fact that I
had succeeded Mr.. Hartridge to be-
come known during the trial-so 1t
didn't appear in my affidavit.
"Thaw is personally very fond Of Mr.
Peabody and will insist that he be re-
tained. Mr.. Gleason, too, is an old
friend OF Thaw, but he will not be re-
engaged. Mr.. Delmas, of course, will
have nothing at all to do with the case
from now on.
Il fully expect to have Thaw out on
bail within another week A second
trial cannot be held until October or
November, and do not intend to have
Thaw spend that time in the Tombs. I
understand Mr.. Jerome will oppose me,
but ] don't worry about that
ANY talk that we don't want an
other trial is foolish. We not only want
it, but we will get 1t. There won't be
any such mistake as occurred in this
one and Wen get an acquittal on a
nonbeatable brief"
When Mr.. Hartridge saw Mr..
O'Reillys statement he refused to make
any comment except to say that he
knew in advance Mr.. O'Reilly intended
to make the statement. He said:
Personally, have not made up my
mind definitely as to what I shall do.
1t must be understood that none of
Thaw's counsel has yet been notified
his services were no longer needed Mr..
Delmas understands perfectly that he
will not be re-engaged. but he has not
yet beer so told
''In my case am hesitating about re-
naming in the defense of Thaw under
any conditions. My civil practice has
suffered seriously by my participation
in the case and continuance in it
will force me to give up all my other
practice"
MNks