Waterbury evening Democrat., 1907-03-09
SUBPOENAS EVELYN
Jerome to Call Thaw's Wife
 as State Witness.
WOULDVOID HIS MARRIAGE AND WILL

< 4 May Mckenzie, Two "Florodoran
 Chorus Girls and Young Nesbit te
 Co on stand For state-Count-
 ess Would Part Couple.
 NEW YORK, March 9.-A subpoena was served upon Evelyn Nesbit Thaw at the Hotel Lorraine commanding her ts turn over to the district attorney all the lettery she ever received from Har- ry Thaw or Stanford White.
 She will be witness for the prose cution, in so far as the law allows wife to testify, as she may be needed by the district attorney to Identify the letters.
 What good they are going to do the district attorney is question asked here, as it is not likely that Mrs. Thaw has kept any correspondence that would endanger her husbands safety.
 When the trial of Harry Thaw is re- sumed on Monday the district attorney will call as his first witness in rebut- tai Evelyn Nesbit Thaw's chorus girl friend, May Mckenzie. A subpoena has been served on Miss Mckenzie at Che Hotel Lorraine, where she is llv- ing with the Thaws, notifying her that she will be called the first thing on Monday morning.
 Mir. Jerome has secured from Magic Toilette and Edna Chase, two of Eve lyn Nesbit Thaw's companAns in the chorus of the "Florodora" company in 1902, certain new facts affecting the truth of the story told by Harry Thaw's wife of her wrong at the hands of Stanford White.
 Under rules of evidence it would be impossible for MT. Jerome to use this ammunition upon Evelyn Thaw direct ly, but he expects to get 1t to the jury by means of questions to May McKen- zie. She Is assumed to be in posi- tion to know the truth or falsity of the charges made by the other two women.
 MT. Jerome has also summoned Mrs. J. J. Caine of Boston, who already has testified for the defense. Among the other known witnesses for the state are Drs. Bingaman of Pittsburg and Deemar of Kittanning, Pa, the Thaw and Copley family physicians. Mir. Jerome undoubtedly will again summon Abraham Hummel. a lawyer. to the stand to testify as to the affi- davit Evelyn Nesbit Thaw is alleged | to have signed charging Thaw with cruelties because she would not tell lies' about Stanford White. The pros- ecutor attempted to introduce this tes- timony by interrupting young Mrs. Thaw's narrative, but the testimony was barred. MT. Jerome believes that upon rebuttal Justice Fitzgerald will allow him a much wider latitude than was granted on cross examination. Howard Nesbit, 1t is said, will be called to the stand to testify that his sister told him Thaw had treated her cruelty while abroad in 1908 because she would not tell lies" about Stan- ford White.
 The subpoena served on Mrs. Thaw was in the nature of a great surprise to her and also the counsel for the de- fense.
 Interest in the celebrated case was heightened by reports that Thaw's family had determined to separate him from his wife should verdict be re- turned in his favor.
 Howard Nesbit. the young brother of Evelyn Nesbit Thaw, was responsible for the rumors of possible estrange- ment.
 "The Countess of Yarmouth" young Nesbit declared, 'has said that she will not return to England until her brother and my sister have been sepa. rated"
 ! It was the original intention of the prosecution to use young Nesbit's story to- offset the testimony of his sister but several weeks ago he declared that he would not testify for the prosecu ton and go against his own flesh and blood"
 Adjournment until Monday was an nounced five minutes after court open ed. Dolphin NJ. Delmas' plan to rest the defense with the testimony of Mrs William Thaw had caught the district attorney mapping. and he had to admi' it in court. The delay seemed to ex , asperate the defendant.
 It has also been a matter of com ment thnt as two experts have de clared Thaw to have been insane al the time of his marriage the ceremonl might be declared void and annulled Under this rule the will and codicil in which Mrs. Thaw is left the mali portion of her husbands millions. ar' also void.