New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-01-22
THAW'S LEGAL FIGHT ON
TRIAL BEGINS TOMORROW
HoScard Nesbit to Appear against
His Sisters Husband.

The preliminary sxirmisn before the long legal
battle for the conviction or acquittal OF Harry
Kendall Thaw, who is charged with the murder
OF Stanford White. was held yesterday before
Justice Fitzgerald in the Criminal Branch of
the Supreme Court. The appearance yesterday,
as had been announced several days ago, was
only made necessary as the special panel of
two hundred talesmen had been subpenaed to
appear yesterday. Adjournment was taken until
tomorrow morning. when the trial proper will
begin.
Not the least interesting point in the case yes
terday was the arrival of Howard Nesbit the
young brother Of Mrs. Evelyn Nesbit Thaw,
from Pittsburg, in the interests of the prose-
cution Nesbit by his presence against Thaw
will bring about the unusual case Of brother
against sister in a trial for a mans life.
Young Nesbit. it is understood is being cared
for by the family Of Stanford White. He went
to the District Attorneys office in the after
noon and had a brief conference with Assist
ant District Attorney Garvan Mr.. Caravan, it
is known, has talked with Mr.. Nesbit before
and has his testimony complete. While Nesbit
will be a witness for the prosecution he will
not be called on the direct case Of the prose
cution, but VIII be rebuttai witness His
testimony il is understood. viii be entirely in
lire with a recently reported interview with
him 1t will deal with the attitude of Mr.. White
tell OF Mr. White giving Evelyn and himself
an education. and viii also tell Of his kindness
20 the family at ali times Mr. Nesbit said he
had always been fond of Mr.. White and always
believed him TO be unusually kindhearted
man.
COURTROOM CROWDED.
Although the trial OF the case has not begun,
and the court appearance yesterday was very
brief. there were hundreds who desired admis-
sion TO the courtroom and were excluded. TYen-
" policemen were stationed about the court,
the stairways and the pavement TO keep the
crowds moving. and on Wednesday a still larger
force will be on hand.
The reason for the delay in the beginning Of
the trial yesterday was the failure TO finish the
trial OF Matthew Hilgert, who manufactured the
so-called magic boots" In consequence not
only the special panel OF two hundred had to
be allowed in the court. but all the counsel. wit
nesses and jury in the Hilgert case were also
there. Reporters found themselves unable -
gain admittance owing TO this large numbJY.
but Justice Fitzgerald has made provision for
them beginning tomorrow.
The unusual interest in the case has been
shown by the number Of out-of-town reporters
who have arrived. Fully fifty men are awaiting
the trial three from London, one from Paris
and men from practically every large Amert-
can city.
It was generally believed that Thaw would
be brought into court while the rolicall Of the
special panel was being taken He was brought
across the Bridge of Signs, handcuffed 10 Dep
uty Sheriff Bell. but disappointed the curiosity
seekers, as he remained in the jury room.
Thaw was in particularly good spirits. and was
evidently happy to get out of the Tombs, if only
for a few minutes Wearing new suit and
long gray ulster and derby hat. he sauntered
across the Bridge to the room, where he was
detained. His counsel conferred with him there
and advised him not 10 make an appearance, as
counsel could appear for him, and Thaw did
as desired.
FORMIDABLE ARRAY FOR DEFENCE.
None of the Thaw family appeared at the
court. The proceedings did not take over ten
minutes There was a wait as Justice Fitz-
gerald did not arrive until 1O45 o'clock The
counsel for the defence had arrived about half
hour before. They made a formidable array.
They were Clifford W. Hartridge, John B. Glea-
son, A. Russell Peabody and Daniel ]. oReilly.
Mr.. OReiIly was recently retained for the de-
fence. Dolphin N. Delmas. the San Francisco
lawyer. was not present District Attorney
Jerome and Assistant District Attorney Caravan
appeared for the prosecution.
While the lawyers waited for Justice Fitz-
gerald, Hilgert, who IS trial In the same
court. entered AT the front OF the courtroom
was a large box, something like coffin, in
use in his defence. He busted himself with them
while the lawyers watched him. The room was
crowded, talesmen standing, when court was
opened. Every craned his neck. expecting
20 Thaw led into court through the door
at the rear OF the room, but they were all dis
appointed. Mr.. Pnney, the court clerk. instead
Of calling for the presence of the prisoner began
10 call the roll and at it's conclusion il was
found that there were twenty absentees, each
OF whom fined 500 by the courts order.
Mr.. Jerome obtained the release Of one, who
had purchased tickets TO go abroad, where his
relatives were seriously i'll
The panel. from which II is probable Thaws
jury viii he obtained, is unusually intelligent
one in appearance. There Is hardly one under
fhirty-hve years old and nearly all have the
appearance of prosperous business profess
sional
JEROMES ADDRESS TO COURT.
District Attorney Jerome addressed the court
at the conclusion OF the rollcall
II understand" he said. that the case now on
trial will take to-day and the greater part Of
tomorrow. so I suppose that this case had bet
ter be postponed until wednesday. I have a
letter from one of the talesmen, who says that
a dear friend on the other side has died and
who wants TO be excused so that he can catch
the steamer Immediately. / suppose that there
Is objection the part of the counsel for
the defence. He ought 10 be excused"
Mr.. Hartridge said he had no objection, and
Justice Fitzgerald granted the request. Justice
Fitzgerald then set the case down for Wednes-
day mornings calendar and instructed the tales
men % be present at that time.
Mrs. Evelyn Thaw. the defendants wife. had
talked with Thaw iust before he was taken 10
the Criminal Court Building. When he returned