New-York tribune., 1907-01-27
THAW MAY BIZ PARETIC.
SO REPORTED IN TOMBS.
Counsel Won't Discuss Matter
May Afect Defence.


sis. it was reported yesterday. is the belief OF
out for his care and comfort. When this story
was called to the attention OF Clifford ". Hart
| ridge, his counsel, he refused to discuss it. He
would say only: "AH trying to do is to
| hurry the trial to get him out of Jail"
If, as is generally believed the defence will try
to show that the killing of Stanford White was
done while Thaw was in a state verging on tenn
porary insanity testimony that he had recently
shown symptoms OF paresis 1t was pointed out,
| could be used TO show that his mind might give
way under stress Of great emotion.
Various stories have been told tending to show
that Thaw nursed bitter enmity for the archi-
| tect. 1t was suggested that if his mind was at
| all abnormal last June something that seemed
| to him an additional cause Of hatred might have
| made him Incapable of understanding the quality
Of his act. thus bringing him within the excep-
| ton allowed by the law.
In examining talesmen District Attorney
Jerome defined the condition OF mind that would
| exempt him from the consequences Of his deed
as one in which he did not know the nature OF
quality OF the act committed that it was
| wrong.
1t is understood that the defence will make
| every effort to hasten the trial before Thaw
shows any evidence of mental weakness. The
| long rest which he has had and the abstenence
from dissipation have allowed him to reach an
even balance mentally. but the strain of long
| trial, It is believed might cause him to again
show signs OF his af1ction.
JEROME HAS ALIENIsT IN COURT.
The presence of alenists employed by the
| prosecution in court during the entire sessions
| Is taken as showing that the District Attorney
| is preparing for any move that the defence may
make on an insanity plea. Drs. Austin Flint.
Carlos F. Macdonald and William AIabon are al
lowed to sit within the inclosure the Dis
trict Attorney. DR. Flint has made many notes,
| and all three experts have studied the defendant
very closely. According TO the District At
torney and Thaw's counsel have not denied II,
the defence has four aIenists In its pay. They
are DR.. Allan McLane Hamilton and Drs- Evans.
Wagner and Dana.
The misunderstanding or GOODNESS which was
so apparent in court on Friday between Mrs
Evelyn Thaw and Mrs William Thaw. It IS
understood has been entirely eliminated. The
TWO women are said TO have quarrelled over
Miss May Mackenzie. Miss Mackenzie for
months has been Mrs. Evelyn Thaw's closest
friend with the full knowledge OF the Thaw
family. But the presence at every session OF
the court OF the former chorus girl dressed IN
brilliant purple has Jared their nerves. and II
is said that they have insisted that Miss Mac
kenze stay away in future Whether young
Mrs. Thaw has consented to be separated from
her friend remains 20 be proved. Miss Mac
kenzie will be witness for the prosecution 1t
is understood; ~ least she is 6aily served wi'h
a subprna by the District Attorneys Office II
has been decided that all witnesses. except the
one testifying will be kept from the courtroom
during the trial.
Miss Mackenzie. both sides acknowledge.
knows as much about the relations OF Evelyn
Nesblt. White and Thaw as any one
MIDNIGHT VISIT TO MISS MACKENZIE.
1t was learned yesterday that on the night Of
the shooting Mrs Evelyn Thaw was taken In
hanson 70 Fifth avenue and 49th street. where
Miss Mackenzie had house, next TO Cambridge
Court Mrs Thaw left the hanson at the corner
and walked 10 the house. She talked with Miss
Mackenzie for some time and about O'Clock in
the morning went to her own apartments at the
Hotel Lorraine She returned 70 Miss Mac
kenzle's house about hour later, carrying a
large bundle Of letters. which have since been IN
Miss Mackenzie's possession. Whether these
letters were written by White or by Thaw is
not known. II is believed that the defence can
use them II desired.
The probability that Howard Nesbit, brother
OF Mrs Evelyn Thaw, will testify for the prose-
cution on the rebuttal does not worry this de-
fence at all. Thaw's counsel contend that he Is
so far removed from the real case that his testi-
mony is of no Importance. AS to the liken-
hood Of Mr Jerome calling Miss Mackenzie. Mr..
Hartridge said
do you think for 4 moment that the District
Attorney will ever place her on the witness
stand?"
Mr. Hartridge expressed himself as much
pleased with the jurors already sworn.
what we want" he said. lis 20 get strong
men-lnen who can stand the trial without
breaking down and causing mistrial."
Mrs. Evelyn Thaw. Mrs. William Thaw and
Josiah Thaw conferred with the prisoner for
three hours yesterday Mr.. Peabody also talked
with him for some time. The conference which
had been planned between Mrs. Thaw and Del
phin NJ. Delmas did not take place, as Mr.. Del
mas was i'll all day He remained at the home of
Mr. McPike, his partner. He will be able to be In
court on Monday, however. Mr.. Peabody denied
yesterday the published stories that Mr.. Delmas
had threatened to throw up the case. that the
Countess of Yarmouth would return to England
by the first steamer and other yarns OF less i'm
portance
CHOOSING a JURY IN CALIFORNIA
The method of obtaining jury in New York
State is so entirely different from that OF Cali
forna that both Mr.. Delmas and Mr.. McPike are
not at all sure Of the routine. In California. Mr.
McPike said yesterday. there are Superior courts
in each county In San Francisco there are
twelve Superior Court judges. In January of
each year each Judge selects three hundred tales
men, making thirty-sx hundred in all Their
names are put in a box and when a jury is re-
quired three hundred names are drawn out and
placed In a smaller box. From this twelve names
are drawn, and these men seated in the Jury
box and sworn at once. Before this, however
all of the prospective talesmen have been exam
ined by the judges the constitutional ques-