The Montgomery advertiser., 1907-11-25
HARRY FLAWS SECOND TRIAL Case Will Be Called in
 January. CHANGE OF VENUE WAIVED First Trial Covered Period of
 Twelye Weeks. There is Some Speculation as to Whether Evelyn Nesbit Will Again Tell story of Her
 shame.

trial of Harry Kendall Thaw, for one week from tomorrow, will again pc postponed, and there Is little chance that 1t will be called until some date we'll in January.
 The decision to ask for a postpone ment had been agreed to by both sides It is due partly to the fact that tne task of selecting jury would be made doubly hard by the approach or the holidays and the prospect before the talesmen of spending both Christmas and New Years day locked up undei the care of court baiiiffs and also to the fact that Thaw's counsel has ap- piled to the court for permission 10 inspect the secretary's evidence pre- sented before the 1unacy commission, during the progress of the first trial. As an added cause for delay, there IS a rumor that the attorneys now rep resenting Thaw may apply Tor a change of venue. declaring a fair trial for their client in New York County is impossible.
 Such a move. If made. would be based upon the alleged unfriendly at titude of many of the local papers, and the extent to which the evidence was printed and read in this commu- nifty. District Attorney Jerome will seriously oppose the granting of a change in the scene of the trial.
 Thaw, in his cell tn the famous old Tombs prison, which he has occupied since the night of the tragedy on Madison Square Roof Garden. June 20. 1906, is planning for his second trial with the same confidence of acquittal that he prepared for the first ordeal :. He daily advises with his counsel, chafes at the delays already encoun- tered in getting his stof9 before Il second jury and is impatient for his days in court to begin.
 The Former Trial.
 It is nearly a year since the. first trial was begun. It covered period of twelve weeks and after two days and two nights of deiihsration. the jury could not agree. Seven of the twelve men who heard the dramatic recital of Evelyn Nesbit- Tbaw--a story of alleged wrongful treatment at the hapSs Of tho nnted archiftct. af story that was flashed by telegraph and cable to every part of the civilized world and read as one of the most re- markabie utterances ever heard In a court room--failed to believe that her confession to her husband justified him three years later in taking the life or 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 believing that Thaw's mind had beep so upset over the story of the girls downfall that he was bereft of req son 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 the act was wrong. At the police sta~ A n, rnAN nd of terward in the city prison, Harry Thaw contended he was acting as an agent of Providence in sending stan ford White to his grave.
 Great interest centers in the course of the defense at the coming trial. It is generally believed that despite any ideas of Justification which Thaw may entertain. his present lawyers will confine themselves to making out a case of legal insanity This may be "emotional," or hereditary, both of these phases of the matter having been gone into at the first trial. Six or sev- en alienists took the stand at that hearing and testified that Thaw had been driven insane by the story told him, when he and the girl who was to become his wife were stopping to- gether in Paris.
 Dr. Britton D. Evans. Superintend- ent of the New Jersey State Hospital for the Insane. made a world wide stir by expressing Thaw:s condition of mind the night of the tragedy as a ''brainstorm." ." The dark clouds had been gathering for year or more. he declared. and when Thaw saw White "glowering' at him on the roof gar den. at the first night of a summer extravaganza known as Mile. Cham pague," the storm broke and Thaw fired.
 Conbatted the Plea.
 Districu Attorney Jerome combatted this plea with the testimony of seven experts, all of whom declared that Thaw's insanity was not such as to de- prive him oi Knowledge as to the wrongful nature of his act. Notwith- standing this. however, they agreed with District Attorney Jerome that Thaw was medically insane not only at the time of the shooting, but the trial, during which. they declared. he was unable intelli- gently to advise with counsel or to ap- preciate the character of the proceed ings against him.
 The trial was interrupted. it will be by the appointment of a at Mir. Jeromes suggestion to inquire into Thaw's mental condl- tibn. The commission agreed unani- mously that Thaw was able to advise with counsel and to un- derstand all of tho proceedings in court, They examined the young mill iionaire both mentally and physically and he came out of the tests with fiy- ing colors. This tended to bear out the theory of the defense that Thaw had suffered from q "brainstorm and that his condition lad wonderfully im- proved during his stay in jail. It was that with the death of White the force which had fomented the dis order was removed and that the clouds of blind insanity had broken away.
 When the tr!ai vuS resumed. howeV- CT and the arguments were began, Tha principal counsel, Dolphin M. Delmas, who came with brilliant rep utation from the Pacific coast to take charge of the case. threw down the substantial structure of legal insanity which had been built ID. tossed 1t It. eralIy out of the window, and Ina'ie his plea unreservedly on the ''unwrit- ten law" He pictured with great ora torical effect the 'wronged Evelyn" as "an angel child" rhaw a;-crnutaly was a "Sir Galahad" or "St. George de- StroyinR the dra 5onS
 This line of a"SLment gave District