The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-09
District Attorney Jerome is Pre-
pairing Campaign Of Re-
buttaI Testimony
STATE WILL SUMMON
DEFENDANT WITNESSES
Howard Nesbit, Brother of Thaw's
Wife, May Be Put on the Stand
BY the District Attorney
Next Week.

New York. March S.-The defense in
the Thaw case rested today Immediately
after the convening of court, and an adj
journment thereupon was ordered until
Monday morning at 1880 o'clock District
Attorney Jerome said that while he mad
been informally notified yesterday AFTER
noon of the changed plans of the deien-
dant's counsel he had come to court to-
day expecting to be confronted by addi-
tlonal expert testimony as to Thaw S
state of mind. His witnesses were not
ready, he added, and it was upon this
representation and with the freely
granted consent of the defense that the
adjournment was taken.
The court proceedings occupied less
than five minutes and District Attorney
Jerome returned at once to his office
and began preparing his campaign OF
rebuttal testimony. Almost his first move
was to have a subpoena served upon
Mrs Evelyn Nesbit Thaw, requiring her
to produce in court any letters she may
have in her possession written by Stan
ford White
The district attorney had May Macken-
zie notified to be in court Monday, pre-
pared to go upon the witness stand. MISS
Mackenzie had been under subpoena by
the state ever since the trial began She
Is the intimate friend of Thaw's wife and
during the first stages of the trial lhe
TWO were inseparable.
Seen But Seldom.
rafelg i,oy.aver Miss Mackenzie has
.heen seen but seidalal-.aasaa s-lIAe- criminal
iS M.
that the two young women nave guar
reled. Miss Mackenzie probably found her
nosition rather trying sitting day arter
dav in the witness room with the Ina"
family. 1t is also said that Mr.. Jerome
has summoned Mrs. J. J. Caine OF bos-
ION who already has tesu1led lof the
defense Among the other known wit
,,as,os for the state are Drs. Bingham
of pittsburg and DIR. Deemar of hlttan-
ing pa the Thaw and Copley famlly
,rhe defense originally summoned three
nhvsicians. but Mr.. jerome has puoiciS
stated that the doctors can give very I'M
portant testimony which the ueleiise nos
f,iled to develop. The prosecutor has
stated In court that he will call as an
avnert DIR. Allan McLane Hamilton, VINO
ar arst was in the employ of Thaw at
1ornevs but left the case when lnaw
dismissed the firm of Black, Olco,t' 1ru-
ber and Bonynge, who were retained III
mis- behalf by his mothers lesal osiseiS
Iun Employ of the State.
IRE Austin Flint Carlos Mcdonald ana
william Mabon have been IN the ehipioy
of the state ever since the IhaW tiiai
began and have ATTENDED, eseis So
rrbev are prepared to TESTIFY at d mo
,,ants notice Just what District Altor-
,,av Jerome intends to prove or VIII De
allowed to prove on rebuttal, remains az
deen a mystery as ever. Inc pio9oS
bin,self is probably at loss " NM"
how far he can go III attachlts attr,ins,,, to-,d
,rbav's story and adducing eNluelce eer,u
-. +o contradict and discredit her Ills
-, of eamnai2n may be entirely chanseu
81 anv time by an adverse decisloii iioiii
Tnstice Fitzgerald. Mr. Delmas ior ,ne
defense undoubtedly Will Hahe Nj
romes progress difficult by cohtnl@ueu @ ~, oo
iections The rules of evidence INV ~
=; tha Thaw case differ materially iroii
shoso n, any recent murder trlai III .'iS
i,,,isdiction and it has been eNluent I'm o
5be irst that the attorneys on poth SUES
have been feeling their way cau,iousis
n;s+rict Attorney Jerome undouoteoiy
a.,;r summon Abraham Hummer,
,sr,a, IN the stand to testify as TO the
efidavit Evelyn Nesbit is sllesed 70 iidNo
signed. charging Thaw with crue,eies p
osuse she would not tell hes dpou1
Stanford White. ,,,4roarce
.,i. +ast;mony by interrupting young
Ne rrhaw's narrative, but the testimony
was barred at that time. Mr. Jeroiiie pc
l,cvcs that upon rebuttal Jusnce rithse,-
aid will allow him a much VICE. iali.uue
than was granted on cross-eNa'iiiia'io'i'
May Summons Brother.
rrovard Nesbit was with the district
,t,ornev today and 1t is said he VIII
he called to the stand TO tes.iiy Una,
I, rIfay
10. cruelty while abroad in 1903, because
sha again s.would not tell lies about Stan
ford White. x.. o..
corroborate the testimony he expects 10
el;c;t from Abraham Hummel. the latter
being under indictment at the present
+,n,e for alleged subornation OF perjury
in the Dodge Morse divorce tangie. win
alI the witnesses here enumerated ana
nmany other under subpoena. Mr. Jerome
adhered to his prediction OF last night
+bat the case might be given to the jury
Nv next Friday. Mr.. Jerome when asked
todav how many witnesses he would call.
renlied. smilingly: '"The minimum is zero
and the maximum is twenty-five; 1T may
be either" He would not modify what
he said yesterday to the erect tnat IN
tro present state of evidence he would
assuredly let the case go to the jury
and mot ask for continuance. This de-
termination on the district attorney
part pleases Thaw's lawyers ana the de,
PENDANT himself, who all along has feared
tbe asylum for the criminal insane far
I more than a verdict as to his guilt or
innocence under the statutes.
Gives Out Letter.
BEFORE leaving for his home in Pitts
bug today DIR. C. c. Wiley, the first
alienst put upon the stand by the defense
gave out for publication letter sent TO
him by Mr. Delmas. Thaws chief coun-
sci. the letter stating that the expert tes-
:, tiniony given by DR.. Wiley bad been fuiiy
| confirmed by, that of the alienists subse-
ouentiy examined. contained the following
tonewhat significant sentence:
E'They have but reiterated your opinion,