Waterbury evening Democrat., 1907-03-08
REST THAW DEFENSE
Delmas So Notifies District
 Attorney by Telephone.
4 UNIQUE EVENT IN MURDER TRIALS

Jerome Announces He Will Not Ap-
 ply For Lunacy Commission, but /.
 Let Case Go to Jury Probably
 Friday of Next Week.
 NEW YORK, March S.-There was
 another quick turn of the cards in the
 now famous murder trial of Harry K.
 Thaw when the defense announced
 that 1t had concluded to rest its case
 Dolphin M. Delmas, chief of the Thaw counsel, called District Attorney Jerome on the telephone and made the announcement.
 The district attorney was perhaps the most surprised man in New York, for 1t had been understood that when Justice Fitzgerald reopened court to- day the Thaw attorneys would call one of two alienists.
 Mir. Delmas made the simple an nouncement, "The defense rests.'
 It is now up to the district attorney to take up the rebuttal, but 1t is ru- mored that adjournment will be asked that Mir. Jerome may mature his plans.
 The sudden decision of the defense came after a conference of Thaw's lawyers in Mir. Delmas' office. It is un- derstood that Lawyers Daniel O'Reilly and Gleason were with Mir. Delmas during the discussion as to the best course to pursue. When an agreement was reached Mir. Delmas immediately notified the district attorney.
 'I will not be able to tell what ac- ton will take," Mir. Jerome said. T am told now that their plan is to close their case as it stands, but their plans have been changed so many times since the trial began that I will not be sure of anything until hear the state ment in open court"
 "In case the defense does rest now how long will the case last?" he was asked.
 Tt seems to me that the evidence should all be in by Wednesday" he re- piled. "Then by giving the defense one day for the closing address and allowing me the same amount of time the case should go to the jury some time on Friday of next week."
 "Will you go to the jury with the case or will you ask for commission in lunacyw
 ''On the evidence as 1t now stands will certainly go to the jury" replied the district attorney. 'If there is noth- ing between society and any one who wishes to attack 1t but brain storm we had better go back to the days of the frontier and every man take out pistol permit"
 Mir. Jerome's move is awaited with There are numerous witness es that can be called in rebuttal, in- cluding alienists for the state, who | have been in court every day since tn, trial opened studying Thaw. Howard Nesbit, brother of Mrs. Harry Thaw; May Mckenzie and others have been 1t call daily and may be summoned.
 It was understood that the defense will attempt to conclude its cross ex- speedily, and on good au- hority 1t is said that Delmas would Ium up for Thaw.
 The close of the defense was with he testimony of Mrs. William Thaw, mother of the defendant. and 1t is aid that at the conference 1t was de- ided that no better climax could have 'een reached by the defense.
 The burden of proving that the de- endant is now sound in mind rests vith the defense under a rule laid II own by Justice Fitzgerald. This rul- ng was to the effect that a person nee declared insane remains insane ntiI the contrary is proved. Mir. Del ms would not say how the defense xpects to dispose of the task.
 Mrs. Harry Thaw visited her hus- and in the Tombs and remained a ,ng while. She seemed very bright nd cheerful. Mrs. William Thaw and CT daughters. the Countess of Tar louth and Mrs. Carnegie, also visited haw. "I would have done anything to ave my mother from that ordeal" aid Thaw in the Tombs. T suffered ist as much as she did. and so did my Edward and Josiah.' III The sight of mother sacrificing her If and her family name to save the fe of her son was powerful weapon the hands of the defense. and they ade the most of it. Her dramatic that she wanted to explain 'e heredity talnt in her family. which as not allowed by the defense, did ore in its suggestion to give forth q ,lief that Thaw was more susceptible brain shock than the ordinary an than anything else that has come rward in the trial. At least that Is Ie opinion of Thaw's lawyers, who ere virtually claiming a victory won | hen court adjourned.
 Dolphin NJ. Delmas, the shrewd Cal brian lawyer whose astuteness when gagged fin duels with the district at- rney has brought him admiration om those who have watched him, rprised the prosecution again. Instead of asking her of the heredi-