Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-11-25
THAW HOPEFUL
Of ULTIMATE
ACQU|TTAL
SECOND TRIAL GOES
OVER UNTIL JANUARY
Prisoner in Gloomy Tombs Ad-
viSes Daily With Counsel,
Meanwhile Chatting at. Delay
in Reaching Hearing,
lDy Morning Journal. special Leased vIre.I

IBy Morning Journal. Special Leased Wire ]
New York, Nov. 24-The second
trial of Harry Kendall Thaw, set for
one week from tomorrow, will again
be postponed and there is little chance
that il will be called until some date
wen along in January. The decision
to ask for a pOstponement has been
agreed 10 by both sides. 1t is due
partly to the fact that the task of Sc
Letting a jury would be made doubly
hard by the approach of the holidays
and the prospect of the talismen of
spending both Christmas and New
Years day locked up under the care
of court baliffs and also TO the fact
that Thaw's counsel has applied to the
court for permission to inspect the
secret evident presented before the
Iunacy commission during the progress
of the first trial. AS an added cause
for delay there Is a rumor that the
attorneys now representing Ihaw may
apply for a change of venue, declar-
ing that fair trial for their client in
New York county Is impossible. Such
a move if made, would be based upon
The alleged unfriendly attitude of
many Of the local papers and the ex-
tent to which the evidence was printed
snd read in this county District At
torney Jerome Will seriously oppose
the granting of a change in the scene
of the trial.
Thaw. in his cell i'm the famous old
TOmbs prison, which he has occupied
since the night of the tragedy, on
Madison Square Roof Garden June
49, 1906, is planning for his second
trial with the sure confidence of ac-
quittal that he prepared for the first
ordeal He daily advises with his
counsel. chafes at the delays already
encountered in getting his story be-
fore second jury and is impatient for
his days in court to begin.
1t is nearly year since the nrst
trial was begun. II covered period
of twelve weeks, and after two days
and two nights of deliberation the
Jury Coult not agree. Seven of the
twelve men who heard the dramatic
recita' Of Evelyn Nesbit Thaw-a story
of alleged wrongful treatment at the
hands of the noted architect; story
that as flashed by telegraph and cable
TO every part of the civilized world
aud read as one of the most remark
able utterances ever heard in court
room-failed to believe that her con-
fession to her husband justified him
three years later in taking the life of
the man charged with the ruin of his
Chorus-girl wife. They voted for guilty
Of murder in the first degree. Five OF
the jurors, on the other hand, were
ready TO acquit. most Of them believ-
ing lndl lndW Hllnu ndu ffen SO up
set over the story of the girls down
fall that he was bereft of reason and
was entitled to that provision of the
law which excuses a person so insane |
as not to know the nature or quality
of his act and not to know that the
act is wrong. At the police station |
on The night OF the tragedy and after !
ward IN the city prison Thaw contend |
ed he was acting as an agent of prov |
idcnce in sending White to his grave.
Great interest centers I'm the course |
Of the defense at the coming trial. Ii |
Is generally believed that despite any |
ideas of justification which Thaw may
entertain. his present lawyers Will con- 4
lne themselves to making out a case
of legal insanity. This may be ZEN , I
tional," or hereditary both of tn sc {
phases Of the matter having t1en /
gone into at his first trial. Six o.
seven alienists took the stand at that !
hearing and testified that Thaw had |
been driven insane by the story told 4
him when he and the girl who was
TO become his wife were stopping to-
gethcr in Paris. DIR. Britton ID. Evans. /
supeIintendent Of the New Jersey state
hospital for the insane gave a world
wide stir bv expressing Thaw's cOndi- l
tion Of mind on the night of the /
tragedy as a "brainstorm." The dark
clouds had been gathering for year |
1r more. ne declared. and when Thaw |
saw White "glowering" at him on the
roof garden, at the first night of !
summer extravaganza known as
Mile. Champagne" the storm broke
and Thaw fired.
District Attorney Jerome combatted
This plea with the testimony Of seven
experts. all of whom declared that
Thdws insanity was not such as to
deprive him OF knowledge as To the
wrongful nature of his act. Notwith-
standing this, however. they agreed
H.H III T.ss safI I
Thaw was medically insane, not only
20 the time of the shooting. but
throughout the trial. during which.
iney declared, he was unable to In
diligently advise with counsel or TO
appreciate the character OF the pro-
c'-dings against him
The trial was interrupted. u VIII be
remembered. by the appointment Of
commission. at Mr.. Jerome's sugges-
unn. 10 inquire into Thaw's mental
condition. The commission agreed
unanimously that Thaw was able TO
advise intelligently with counsel and
To- Understand all Of the proceedings IN
court They examined the young mill
ionaire both mentally and physically
and he came out OF the tests with ny
ing colors. This tended To bear out
tae theory Of the defense that Thaw
had suffered from ssbrainstorm." 4"
ana that his condition had wonder
iulIy improved during his stay in. Jail
ID was contended that with the death
nf White the force which had To-
mcnted the disorder vas removed. and J
That the clouds Of blind insanity had
broken away.
When the trial was resumed. how
tfcr. and the arguments we're begun
naw's principal counsel. Dolphin A.
l'eimas. who came with a brilliant
re uuiation from the Pacific coast 10
take charge OF the case. threw down
The substantial structure Of legal in
aniiy which had been built up. tossed
OF literally out of the window. and
made his plea unre<erVediy on the
unwriiten law he pictured with
great nratoricst effect the wronged }
FVeiVn" as IAN angei rhiid.~ Thaw
was alternately q "Sir Gaiahad." or a }
80 George" destroying the dragon Z
ln-s line % argument gave District
Attorney Terurno an unawuaCfg1 oUru- /