Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-12-30
Defense to Rely Entirely on
Insanity Plea to Save Youth
fuI Slayer of Stanford White
From Penalty of Deed.
UNWRITTEN LAW HAS
NO PLACE IN PLANS
Evelyn Nesbitt Thaw viii Re-
peat Thrilling Story of Al
legged Wrongs at the Hands
of Her Husbands Victim.

lBy Morning journal Special Leased Wire
New York, Dec. 29.--One week
from tomorrow Harry X Thaw viii
be called second time before a jury
to make his defense to the charge OF
having murdered Stanford White
There has been several postponments
of the date of the second hearing of
this noted case, but 1t is said now
there viii be no further delay.
1t is announced that Mrs. William
Thaw mother of the defendant is ex-
pected in the city by next Saturday.
Mrs. Thaw has been in poor health,
it is said. but il is believed she will
be able to come on to be with her
son during the opening hours of his
second fight for life and freedom.
Other members of the family cir
Gle, including Mrs. George Carnegie,
Harry Thaw's sister, and Josiah and
Edward Thaw. his brothers, are also
expected to reach the city during the
week and will remain during the
trial. The Countess Of Yarmouth, the
defendants sister, is at present in
England. and is not expected to at
tend the second trial. Mrs. Evelyn
Nesbit Thaw, who has been a daily
visitor at the Tombs ever since the
first Thaw jury disagreed. until re-
Gently when she was i'll for a few
days, will of course, be one of the
first arrivals in the court room on
Monday next
There are many rumors as to the
plans of the defense for the second
hearing of the case and il has been
predicted that an entirely new line of
action might be followed. 1t can be
authoritatively stated, however. that
the defense will again be the same,
that Evelyn Nesbit Thaw will again
relate her story to the jury and that
an imposing array of expert alien
lists will again undertake to establish
the theory that Thaw was insane at
the time he killed Stanford White in
the Madison Square roof garden hut
has so far recovered his mental bal
ance since that time as TO be no lon
ger menace to the community and
therefore is entitled to his freedom.
This theory was expounded at length
during the first trial but after the
taking Of much testimony and after
lunacy commission had declared
Thaw sane. at the present time the
plea of temporary insanity was prac-
tically abandoned in the summing up
speech OF Dolphin NJ. Delmas, the
California attorney who made an al
most direct appeal to the so-called
"unwritten law"
In the coming trial. it is said there
will be no mention made of higher. /
or unwrtten law, but the defense ,
will adhere strictly to a plea of egal !
insanity at the time the act was om- I!
mitted. There were mistakes ihade ]
at the first trial WHICH II will be the /
attempt of Thaw's attorneys studi- /
ously to avoid during his second !
hearing. In the expert testimony, for |
instance, they have been able TO sepa- !
81, ha ghaff and ]
will only have TO offer that which 4
proved most effective before. And 1
having once felt the sting of District 4
Attorney Jerome's skillful coss-eNami- /
nation on all phases of diseases at
fecting the brain. several of the ThaW
experts will be in a much more Sc
cure position than they were at the /
first trial, when the prosecuting ofl-
GERS wonderful knowledge Of medi-
cine fairly amazed and In one case
completely dumfOunded witness.
Evelyn Thaw ID has been Variously
reported. would and would not lax,
the stand In defense OF her
husband. There is no longer
any doubt that she viii do so.
without her testimony il would be
difficult for the defense 10 predicate
"A plea of insanity. During the first
trial the entire structure of mental
arrangement rested upon the story
of her alleged mistreatment at the
hands of Stanford White. told by her
to Thaw one night i'm Paris when he
had asked her TO become his wife
Il was after he had heard this mar
rative that Thaw wrote the queer let
tiers which were introduced IN eVl-
dence afterward that he made his VIII
with it, provisions of fund for the
Of persons responsible Tor
vice. afterward he went TO his nome
Ia Pittsburg and acted so strangely
that hts mother was alarmed. and at
tcrward that he shot and killed the
man his wife had accused. without
Evelyn Nesbit's story as the moving
cause for insanity which spent It's
fury in the death Of stanford White Z
on the gaiy lighted. crowded summer
roof garden, Harry Thaw's plea to5
immunity from punishment would
have but little left to stand upon
Evelyn Thaw again will Dc the
storm center Of the trial and next I'D
Importance to her story with the tes-
timony Of several alienists who tesu-
he'd before
District Attorney Jerome will Of
course be prenared 20 combat the
testimony OF the insanity experts. !
His formidable hypothetical question I
which was asked before in omnibus :
style % nine state experts in row
snd upon which they based opinions
entirely opposite To those entertained {
by the experts for the defense VIII PC
aiken out Of the archives and polish )
n IN for use 10 rehuttal Int \
siate's direct case will again be very \
,rief Il will have added Co q the s