The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-06

! with Thaw on the Madison Square roo
garden.
! McCaleb swore that he saw Mrs
Thaw pass her husband note at the
table at the Cafe Martin the night o
II Whites killing.
There was dramatic scene whel
Mr.. Delmas called upon Mr.. jerome
to produce the paper note which wa!
handed Thaw by his wife at the CAT
Martin. Mr.. Jerome sat silent ant
would not reply.
Delmas Issues an Ultinatum.
New York, Feb. 6.-A crisis has
been reached in the case of Harry K
Thaw, on trial here for killing Stan
ford White. 1t followed a day of re-
verses in the young millionalre's de-
young millionaire himself, it is stated
because up to this time he has in
] sisted on directing how the defense
shall be conducted.
The session of court yesterday.
when Justice Fitzgerald ruled out for
| the time being. all testimony which it
| was announced might tend to show in
sanity in collateral branches of
Thaw's family, had been over but a
short time. when a mOmentouS con-
ference of Thaw's counsel took place
in the law offices of Delmas and Nc
Pike. 1t is known that several of the
lawyers protested in vigorous Ian
guage against the conduct of the case
4
serious differences developed. For a
| time, it is stated, it looked as if sew
eral of the lawyers would summarily
! withdraw from the case. but this was
however, was given that such action
would occur unless certain lines of
procedure were followed.
| All six of Thaw's counsel, Mr.. Hart
ridge, Mr.. Gleason, Mr.. Delmas, Mr..
McPike, Mr. O'Reilly and Mr.. Pea
body, were in attendance at the con-
ference. When the meeting was over.
Mr. Hartridge went away with Mr..
O'Reilly, Mr.. Gleason followed by
himself. Mr.. McPike was asked if it
was true that some of Thaw's lawyers
were not in sympathy with the
handling of the case and that they
were especially displeased at the intro
duetion of DIR. Wiley as witness. He
replied:
THAT last is true enough, but you'll
have to wait and see how things look
when court opens tomorrow. We
have had a conference and that is all
can say"
Later Mr.. McPike visited Thaw in
the Tombs and had a conference with
the prisoner, lasting 1 5 minutes. Early
today 1t was still uncertain just who
would be in charge of the defense
when court opened but it was stated
it was probable Mr. Delmas would
take the place, which John B. Gleason
has so far held, of conducting the
active defense in the court room. If
Mr.. Delmas examines the witnesses to-
day it was further said it will mean
that he Is in full command of the de-
Tense. If he does not examine it will
mean. in all probability, that he has
quit the case entirely.
Just what course the defense will as
sumo today will depend on the outcome
of the differences among the lawyers
Should there be a change in command
there will be a change of tactics and
Evelyn Nesbit Thaw, the prisoners
wife. may be among the first witnesses
called. There are other alienists in the
employ of the Thaw family than DR.. c.
c. Wiley of Pittsburg who for three
hours yesterday was under singing
cross examination by District Attorney
Jerome The district attorneys method
of examining DR.. Wiley lends a new
interest to the appearance of these
alenists. Mr.. Jerome has been a stu
dent of the subject Of insanity himself
for some years and he displayed a
knowledge of mental disorders which
fairly took his hearers off their feet. He
has yet to cross swords, however, with
some medical men of eninence in their
profession and the battle is awaited
with q keen apprehension of its lively
interest and its effect upon the case.
The exclusion of Mrs. Harry Thaw, |
May Mckenzie and Mrs. William Thaw |
from the court room has given the big |
chamber a rather desolate appearance. |
the trial and their presence added a |
great deal of interest to the proceed !
ings. The prisoners mother has been /
seen in the court probably for the last |
time but one She is to take the stand |
and tell what she may be allowed to re- |
late of her family history. If the dis |
trict attorney continues as persistent |
in his objections as he was yesterday, |
and the court rulings as to collateral |
insanity arc not modified there is a |
question as to the latitude that will b.
allowed Mrs. Thaw, who, on the wit
ness stand will undoubtedly be consid- |
cred in the nature of a privileged char
acter She may tell without Interrupt !
ton any eccentricity of Harry's youth |
tending to show early Indication of the |
mental condition which might cause
his brain to give way under the stress,
which his lawyers declare was heaved |
upon him. but as to the strain in her I
own family, if one exists, she may not /
be held competent.
The elder Mrs. Thaw will come to the
court house only on the day she is to
take the stand. She had hoped to re-
main with her son throughout the trial,
but the exigencies of the case making
it necessary for her to testify, COM
PEELED her to leave when the rule
against witnesses was announced by
the court. She also may be in court
when the verdict is rendered but this
will depend largely upon her physical
condition at the time for the strain of
would be great and she is said
to be none too strong
MAY McKENZIE'S HUSBAND.