The Birmingham age-herald., 1907-02-18

New York. February histories as to probable changes in counsel in charge o1 the defense of Harry K, Thaw continued to circulate today but until the trial is resumed in court tomorrow it will be im- possible to say whether or not D. NJ. Delmas will stll act In that capacity Rumors of dissenson among the six att torneys who have sat st the table as- signed to the defense since the trial be- gan have frequently cropped up during the past few days and were as often de- nied.
 There is no doubt, however, that there has been serious dsagreements of some sort, and Mir Delmas has found some fault with the alleged actions of some of his associate counsel
 The trouble, according to a story cur rent today, arose over the publication of an alleged interview with Attorney Me- Pieke, partner Of MT. Delmas, In which MT. McPicke was quoted as criticisng District Attorney Jerome MessrE. Hart. ridge. OReilly, GieasSn and Peabody, also counsel for Thaw. are said to have seriously taken MT. McPicke to task for the remarks credited to him, and MT. McPleke vigorously denied the alleged in- terview.
 In this denial he Is said to have been supported by his partner. MT. Delmas.
 On Saturday there was a five hourss conference of all the counsel for the de- fense at MT. Delmas' office. At this meeting, 1t Is said, MT. Delmas took oc- caslon to crlticise severely the lack of support on the part of his associates. He declared, 1t Is said, that they mad done everything to diseredit him and to make him appear ridiculous and that although he had been nomlnally in charge of the case fin court since the second day of the trial, he had, in fact. been nothing of the sort. As an illustration of this al- legged desire to confuse him, he declared he knew nothing of Thaw's will and let-, ters until they were handed to him as ha was questioning n witness in court.
 No Mistrlal.
 There seems little chance that the press ent situation in the Thaw case will result in a mlstrial. It is said that Juror Bol- ton, whose wife died last week and was buried Saturday, has stated that he Is willing and able to go on with the trial. So long as he Is willing 10 state that his grief will not prevent his giving proper attention to the proceedings there Is no way In which he can be excused. Mir Bolton is reported to have told Justice Fitzgerald that he considers his duties as citizen to outweigh all personal con- alterations and that he is willing to lay aside his grief and continue to serve tha state so long as he Is needed.
 Dr. Britton D. Evans, the alienist, fs expected to resume the stand tomorrow morning, and will proceed to tell of the conversations which he had with Thaw on his first three visits to the rombs. Tho defense believes these conversations Will go far to prove that at that time Harry Thaw was not of sound mind. Dr. Evans will be followed by Dr Chas. c. Wag- ner. who will also testify SIS to his in-i terviews with the defendant.
 Another attempt will be made to intro- duce the famous will. and it will prob ably be admitted. Then 1t is proposed that Evelyn Nesbit Thaw will go on ths stand for the purpose of tastifying to various conversations with her husband regarding other persons whom Thaw be- leved to have suffered at Whites hands. This testimony was ruled out last week on the ground that it was cumulative evi- dence and not admissible until a prima facie case of unsoundness of mind had been established.
 The alienists. 1t Is argued. have proved this and Evelyn Nesbit Thaw's further story will probably go in without obs lection
 Mrs wm. Thaw, Harry Thaw's mother, will then take the stand and testify as to her family and of Harry's early life. What else the defense will offer Is not known.