Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-03-09
TAAW DEFENSE RESTS CASE
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ence When Justice Fitzgerald had as
cended the bench and Clerk Penny had
called the jury roll, Mr.. Delmas arose and
uttered In a low voice the three words,
THE defense rests"
Mr.. Jerome then said he would have to
ask for an adjournment of the case until
Monday morning.
when court adjourned last Wednesday
evening" Mr.. Jerome said IT had no rea-
son to expect other than that l would be
confronted this morning with experts, who
would be called upon to answer hypothet-
ical questions which Mr.. Delmas was to
frame, extemporaneously. Mr.. McPike
called upon me with a letter from Mr.
Delmas saying the defense had changed
its plans and would call no more witnesses
Under the circumstances I must ask for
an adjournment, as 1 have no witnesses
available today"
There Is not the slightest objection on
our part" said Mr.. Delmas.
Justice Fitzgerald then ordered the ad-
Journment until Monday. H.
District Attorney Jerome said he was not
prepared today to add anything to his state
ment last night that the evidence he will
have to offer in rebuttal will be before the
jury by Wednesday evening. He added
that the case should go to the jury by
Friday next.
Mrs. Evelyn Nesbit Thaw was in the
witnesses room today, and when court ad-
journed she Immediately went to the
Tombs to visit her husband.
Mother DIasatIaned.
To Mr.. Delmas, chef counsel for Thaw,
is ascrlbed the decision so Unexpectedly
announced. that the defense in the Thaw
murder trial is prepared to rest its case
and that all the evidence relied on to save
Harry Thaw from the electric chair is now
before the jury excepting what may be
given in sur-rebuttal.
Mr.. Delmas was impressed with the testi-
mony given by Mrs. William Thaw We'd
nesday and he concluded that with this
picture of the grief stricken mother on the
witness stand fresh in the minds of the
jurors, II was a good place to close the
testimony for the defense. He knew that
the jurymen had had a surfeit OF expert
testimony and that was about all he
still had to offer, he deemed It wise that It
should be eliminated
Thaw and his relatives are said to be
satisfied with the decision of counsel and
with the prospects of the outcome. but the
prisoners mother was reported to be dis
satisfied on one point This was because
she was not allowed to testify on the ques-
tion OF hereditary insanity in the Thaw
family. She wished to explain the state
ments that members of the Thaw family
have been in asylums and that there was a
streak of insanity In the family Mrs.
Thaw It was stated. felt that a great in
justice had been done the family by these
statements, hence her desire to publicly
deny them.
With this in mind Mrs Thaw sent for
Lawyer Clifford w. Hartridge yesterday
and had a conference with him lasting
nearly three hours during which she told
him that II she could not tell her story
on the stand she would communicate her
| side Of It to the newspapers.
Mr. Hartridge is believed to have per-
suaded her to postpone the explanation at
this time.
Thaw was greatly disappointed by the
delay in his trial, but after a long chat
with his wife he accepted the situation with
better patience.
Wants Thaw Letters.
Mr. Jerome's object In summoning Evelyn
Thaw as witness is to extract from her. II
possible, information concerning the letters
| Stanford White wrote to her. The sub
| poena is said TO call for the production
OF any such letters Mrs. Thaw may have
In her possession. She already has declared
that she had none. the last fourteen re-
ceivsd by her having been turned over TO
her husband, who gave them TO his at
torney. Mr.. Hartridge
May Mackenzie was notified today TO be
on hand Monday subject to the call OF the
prosecution. Mrs ]. ]. Gains also has been
subpOenaed BY the district attorney.