The Birmingham age-herald., 1907-04-17
DELMAS IS REFUSED
 THAW EXHIBITS
First Open Indication of Trou-
 ble Between Attorneys
SPECULATE AS TO COUNSEL
o'ReiIy Is Thought to Be the New At torney of Record-He and Peabody
 Only Visit Him In the Tombs.

New York April 16.-The first open in- dication of trouble between the array Of attorneys who represented Harry k Thaw in his recent trial, came today when Harry c. McPike, associate of D. M Delmas, called on Clerk Penny of the supreme court and demanded the immediate surrender of some of the ex- hibits introduced by the defense during the trial These exhibits included the letters and notes written by Thaw to Mr Delmas during the trial, and later submitted by MT. Delmas to the com mission in lunacy which held that Thaw was legally sane. Clerk Penny responded to the demand by saying that he could not surrender any portion of the exhibits in the case unless directed to do so by a supreme court order. MT. McPike said on leaving the clerks office, that he would .endeavor to procue the necessary order. All the exhibits introduced in the case by the defense were locked up in Clerk Pennys safe yesterday on the request of Daniel OReily, one of Thaw's coun- lsel. MT. O'Reilly made the request at the conclusion of long interview with the prisoner in the Tombs. Reilly and "A. R. Peabody, another one of the Thaw counsel, called on the prisoner today. Neither MT. Delmas nor McPike have
 
 Unsettled State.
 Harry K Thaw finds himself today in a rather unsettled state legally speaking, judging from present circumstances. There is considerable speculation as to who his council will be in his next trial, and almost as much as to whether tenta- tive plans to have him released on bail will be successful. It is considered signifi- cant that Lawyer O'Reilly of his coun- se, in having the clerk of the criminal branch of the supreme court lock up in the courts safe all the exhibits pro- duced at the trial. took a step which would naturally be the part of ani at torney of record. This followed a con sultation between OReilly and the pris- oner, and it Is said to have been done with the prisoners written authorization. It is also deemed significant that. of all Thaw's counsel, only Messrs. O'Reilly and A. Russell Peabody have visited him in the Tombs lately. Notwithstanding this and MT. OReilly practically acting as spokesman for E}hw, it is reported that Mrs. William Thaw, the prisoners mother, is directing the choice of coun- se, and that she has asked Former Gov ernor Frank s. Black to assume full charge of the defense at his second trial Y
 { Louisiana Lawyer.
 7 Jnen4 agaln IL IS fepOrteds that. Lionel Adams. a prominent Louisiana lawyer, or William Rand. Jr., ex-assistant dis trict attorney will take that place.
 Inc matter of bail for Thaw is being held in abeyance by MT. O'Reilly. He is waiting until District Attorney Jerome returns from Lakevile, Conn, his coun- try home tomorrow. They are to talk the subject over. but the district attorney has already said publicly that he will vigorously oppose any effort looking to bail Thaw. It is probable that, failing of Justice Fitzgerald's consent to release Thaw on bail, the defense will apply to some other supreme court justice In this state.
 It is stated that after District Attorney Jerome returns tomorrow and the ques- tion of bail is discussed with him, the entire Thaw family with the exception of Mrs. Evelyn Nesbit Thaw, will leave New York. The Countess of Yarmouth will sail for England, Mrs. William Thaw will go to Crescent, Pa., Josiah and his wife will go to Watch Cliff, R. l., and MT. and Mrs. George Carnegie will make tour of the south. Evelyn Nesbit Thaw will continue to live at the Lorrain.