The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-03
.8VieW5 Second Weeks Events
Viii Wife at Tomb5
UMO8S OF JURY CHANGE
May Mckenzie, Constant Companion
of Evelyn Nesbit Thaw, Will Be
the First Witness for the
Prosecution.

New York, February Ellis trial hav-
ing been adjourned over from yester-
day until Monday, Harry Thaw sat Inn
patient In his cell at the Tombs today,
regrettng that some arrangements could
not be made to avoid the Weekend truces
In his battle for life and liberty. The long
delay in securing a jury enabled him to
become accustomed to his surroundings
in court and he now appears anxious for
the real work to begin.
Thaws attorneys were busy today
rounding out the mass of testimony which
the defense will put before the jury. None
of them would venture a prediction as to
how much time will be required to pre-
sent the evidence of the defendant. They
will be ready to proceed with their case
Monday afternoon but were inclined to
doubt that District Attorney Jerome will
find It possible to Introduce all the direct
evidence the state has to offer within the
we hours and a half of the Monday MORN
| ing session.
While Assistant District Attorney Gar
van, who is to deliver the opening ad-
dress for the prosecution expects to make
his narrative of the crime as brief as
possible, the cross-examinatlon of the
eye witnesses of the tragedy will be of n
searching character and it is this fact
which leads to the conclusion that the
state may not be able to open and close
In the one session of court
Mrs. Thaw at Tombs.
| Mrs. Thaw. wife of the prisoner was
early at the Tombs today, and spent two
hours with her husband. They reviewed
the many events of the second week of
| the trial
| . tol t,.la hot ATra-
! Thaw's constant companion, May MclSen-
zie, the former chorus girl, will be one
| of the first witnesses for the prosecution.
| which hopes to prove by her that Tina W
made threats against the life of Stanford
White. Miss Mckenzie was subpoenaed
Immediately after the Madison Square
roof garden tragedy. and her daily at
| tendance a co.ut has be,p in obedience
to that summons. os well as IN the ca
paeity of the close friend of the prison
| ers wife.
| Mr.. Peabody, of Thaws counsel, wa
! also a visitor at the Tombs today, and
! in leaving took occasion to deny the re-
port that Thaw had decided TO take the
stand in his own behalf Such an ac-
tion might be possible. he said, but no de-
cision to that end has been reached.
Mr.. Peabody declared that the defense
| to be interposed for Thaw Will be a
lengthy one
Defense Brings Up GAUGE.
! The fact that the state may not re-
| quire more than one session of the court
I'm which to introduce its direct testi-
mony, means that Mr.. Jerome intends to
carry out the plan he conceived months
ago of letting the defense bring up the
causes which are alleged to have led to
the tragedy.
The prosecution then Will attempt 10
refute in detail every contention of the
defense and the states case in rebuttal
may require even more time than that
consumed by the Introduction of the testi-
| mony for the defendant.
Rumors of possible changes In at lea st
| one juror continued TO circulate today,
! and it was said that when the trial is
| resumed Monday morning the district at
torney may spring fresh surprise. Thaw
| is pleased with the jury as II is now
constituted, however, and his lawyers arc
| equally we'll satified Unless some extra
| ordinary pressure is brought 10 bear upon
them. it Is not likely they will consent
to any further changes. In that event
Monday morning will witness the taking
| of testimony