The Montgomery advertiser., 1907-11-25

Attorney Jeroms an 1nexpcctei open ing and he,t too, oo,disregarded the mass
 of testimony ten iina to show Thaw's self to ridicuIe of the heroic roles i'll
 which Mir. Delmas had cast the de- fendant and his wife. Mir. Jerome de- clared the tragedy was nothing more than common, low. vulgar Tender. loin murder" To the jury he described Thaw as "wilful wretch" indulged from his youth by wealthy parents and at last turned loose to float his way through the Tenderloin on $s0.000 a year. The seemingly irrational writ ings of Thaw which were placed in evidence wore dismissed by Jerome as the work of a rich illiterate, and nothing more."
 District Attorney Jerome and Fran cis F. Garvin, his first assistant, will have charge of the prosecution. but Thaw has made an important change of attorneys. Replacing Mir. Delmas as have charge of the prosecution, but chief counsel will be Martin W. Lit- tleton of Brooklyn. Mir. Littleton is known as a capable lawyer and a bril- liant orator. At the Democratic Nation- al Convention of 1904 it was he who nominated Alton B. Parker for the Presidency. Mir. Littleton Is Southern man, having been born in Tennessee just thirty-five years ago. He is what Is generally termed a self made man, having educated himself. He began the practice of law in 1891, and. moving to Dallas, Tex, served there for term as assistant prosecuting attorney. Later he removed Co Brooklyn. and at once became. a prominent figure in politics and at the bar. For four years he was assistant district attorney of Kings County. and under the first Mcclellan administration in Greater New York was president of Brooklyn borough.
 Just who will be associated with Mir. Littleton may not definitely be known until the day the trial begins.
 At present Daniel O'Reil1y and A. Russell Peabody are the only members of the former array of counsel credited with being in Thaw's service. Be- cause of Thaw's impetuosity 1t was not always known during the former trial just who his attorneys might be the next day. The opening day of the coming trial undoubtedly will settle whatever misunderstanding may exist among counsel. It Is the hope of the prisoners friends that his cause may not be hampered this time by the wrangles among. counsel which were frequent last winter.
 Evelyn Nesbit's Part.
 There is much speculation as to whether or not Evelyn Nesbit Thaw, the schoolsirl-like figure about which the storm and tempest of the first trial beat out its fury. will again take the stand in her husbands defense. A re- port has been current for some time that she will not. but the Thaw case always has been surrounded by every class of rumor and suggestion that human ingenuity can invent. A defin- ite decision as to the matter of plac- ing the girl again upon the stand may not be arrived at until the trial is well under way. Without her testimony there would be difficulty in making out a case of emotional fnsanity--a defense which would have to be relied upon to gain Thaw absolute freedom.
 If medical or hereditary insanity be the plan of the defense. the best Thaw can hope for Is an indehnits to the State Hospital for the Criminal Insane at Manhattan.
 Neither Thaw nor his wife reifshes the idea of placing the girl at the mercy of another cross-examination by Mir. Jerome. who. unmoved by her tears or her burning cheeks of shame. forced her to admit the long-continued relations which existed between her andl Stanford White. and to tell tho jury in plain words of the two Eu- ropean tours she made with Thaw be- Tore becoming ms wire. It WAS ou Ono of these tours. the girl declared. that Thaw demanded to know of her the reason why she would not consent to become his wife. Then she told him her life-history and of the alleged wrong which was claimed to have ruined her career. Told for a second time the wonderful story might lose much of the dramatic effect of It's first offering. and it Is not generally be- lieved that young Mrs. Thaw, in the of the cross-examination would come could hold herself to- gether as well as she did at the first trial. when Mir. Jerome freely pro- claimed her as one of the best witt neses he had ever heard anywhere.
 The second trial may not last more than a few weeks. Its length will de- pend almost entirely upon the time required in securing a jury. This Is expected to be tedious work. as there are few persons in New York County who did not read the details of the former trial and who have not some prejudice or bias In the question of Thaw's guilt. Once the jury box is filled. however. the attorneys expect to move forward rapidly. and with few