The Washington times., 1907-01-26
Dephin DelnaS Thinks
May Mackenzie viii
Queer" Case With
Her Frivolity.
Iruxtun Beale, Important
Defense Witness, Ar
riveS in New
York

NEW YORK. Jan. 26.-Harry
Thaw made vigorous protest
10 his COUNSEL today against the
States alienists who sit within the
rail of the court and watch him
carefully for the purpose Of deteet
ing evidences Of insanity Thaw de-
clared that his rights were being in
vaded, and he should not be forced
TO undergo such an examination
against ms will
District Attorney Jerome l. cosIvincea
that the defense viii enssr q Plea of
emotional insanity He has arransea
that each day the alAsnists shall sll
within the rail. where they can lsateA
every move and acfifm OF ThaK The
defendant when he 4rst beeame aware
oI what vas being done seemed some
y hat amused. hut he quickly becsuls
annoyed when he realized that has ever
mental phase was being iosted dosyn.
The States aliezusss, R-ho are ms5ring
mis- courtroom examination. are nrs
Alian NacLane Hamilton, Atsstif1 FiiAi
Carlos Macdonald. ana " IS. Major
S0t move or gesture or the slIghtssl
facial expression escapes the ailsnists
who lzzNs arran ged themselves in such
position IN court that ThaVz cannot avoid
icing seen.
They Compare Notes.
Frequently the iBsRhJgv exps-s ooia-
pare notes. which xiE be embodied IA
sheir later testimony before the 1ury.
While counsel for Harry. Thaw has
made denial that serious differences ax-
Isl between Mrs. Evelyu Nesbit ThaH
and the other members Of the ThzW
family, orE of the counsel. LAWYER
Dephin N. DelmRs is today reported 10
have derAared that he viii withdraw
from the case unless Miss MAY Mac
kenzie, the actress friend Of AIRS. Eve
lyn Ibkt~, remains away from the court
feoms Lawyer Delmas is said TO have
characterized Miss Mack Kenzie's eonducl
Ia sourt as light and frivolous and likely
to prejodiCe the minds OF the court ana
nry.
The members OF the Thaw rsmil,
never notice Mss Mackenzie, and not
once during the trial have they given
her as much as passing notice. They
have Objected strongly to Miss Mac
Z Kenzie's presence. The chorus gin has
long been the intimate friend OF Evelyn
d %NNSbAN AAAHHf anu II was 10 A+E nome
that the artist model fed the night OF
/ the shooting Practically ignored bv
the ThaW family. Mrs. Evelyn Nesbit
ThaW requested Miss Mackenzie 20 b.
with her during the trial. The young
wife and the chorus girl SIT together
during the proceedings and Il Is 10 AEiss
Mackenzie that Evelyn Nesbit Thaw Al
ways turns when some point is made
In the trial
Important Witness Arrives.
Truxtun Beale. an important witness
for Harry Thaw, has arrived in New
York and win appear when wanted. Mr.
Beale is one OF the most important vii
nesses for the defense. Beale. WITH
Thomas MeCaleb. E Californian, was
with Harry ThaW and his wife the night
OF the tragedy. The -four had dlned to-
gether AZ Cafe Martin. where Evelyn OBJ
served White sitting az nearby tabiu
and then passed a note 70 her husband
informing him OF Whites preseace.
After the dinner Thaw and hlg wife
went over 20 Madison Square Garden.
where the young Pittsburser later killed
White, Mr.. Beale would not discuss thu
case today in any OF its phases.
Harry ThaW told his counsel TO-DAY
that he was more than pleased with the
Jurors selected and that he was more
hopeful than ever OF being acquitted
Eight PittsbuTg Witnesses.
One OF the most important facts h.
the defense or Harry K ThaW became
known for the first time today, when
a suite OF rooms were leased IN a bic
uptown hotel for eight Witnesses com
ing from Pittsburg. The positive state
ment Is made that Thaw called on stan
ford White the night before he killed
him and exacted from him a pledgs
that he would never again meet or com
munieate with Evelyn Nssblt Thaw.
That Thaw had met White and OBJ
tanned from him this pledge. less than
tWenty-four hours before the tragedy.
pas been a carefully guarded secret OF
he defense. At dinner time four hours
efore White was killed. 1haw inter
! ceDted a note frOm White asking yOtlnF
Mrs ThaW 10 mee- him.
The defense Is from the moment
ThaW read that note and realized that
White had broken hls pledge and wa
sfFlI ftIrzsftne his VnlEns hrfdr h4e s,tfn.1