Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-15
DELMAS OUT OF CASE.
Daniel o'Reilly Announces Himself as
Thaw's Counsel

NEW YORK, April l5.-With one excep-
ton all the lawyers connected with the de-
tense of Harry Thaw in the trial lust end
| ed talked yesterday of plans for the future,
| so far as participation in the case is con-
| cerned.
Only Dolphin VI. Demas originator O.
"Dementia Americana" refused to discuss
his plans.
Ii is known, however, that the Califor-
MAN will not be re-engaged and that Thaw
himself is bitter in his denunciation of him.
Daniel O'Reilly. the only one of the five
counsel who participated in Thaw's defense
who has had any criminal practice in this
state previous to the trial is now counsel
of record for Thaw. He will be I'm active
charge of the case hereafter. In the event
of second trial he will engage associate
counsel. In discussing his plans yesterday,
Mr.. O'Reilly said:
Not only am | the only one of the five
lawyers Thaw has re-engaged but. as a
matter of fact. | have been for several
weeks Thaws counsel Of record
1t was the day that Mr.. Hartridge start
ed to cross-eXamine DR.. Mahon and tried
to frame a hypothetical question which
Judge Fitzgerald would not allow that
Thaw made me counsel Of record. In his
cell in the Tombs that afternoon he wrote
letter giving me the post. 1t was similar
to the one he had given Mr.. Delmas earlier
in the case. When the commission in lunacy
requested all the writings of Thaw. Ny.
il
me TO put 1t In. but | explained | did not
want the fact that had succeeded Mr..
Hartridge to become known during the
trial-so it did not appear in my affidavit.
Thaw Fond of Peabody.
..Thaw is personally very fond of Mr..
Peabody and will insist that he be retained.
Mr.. Gleason, too. is old friend of Thaw.
but he will not be re-engaged. Mr.. Delmas.
of course, will have nothing at all to 90
with the case from now on.
Il fully expect to have Thaw out on bail
within another week. A second trial can
not he held until October or November.
and | do not intend to have Thaw spend
that time in the Tomhs. | understand MI.
Jerome will oppose me-. but | don't worry
about that
ANY talk that we don't want another
we will get it. There won't be any such
mistakes as occurred in this one and we ii
get an acquittal on non-beatable brief;
When Mr.. Hartridse saw Mr.. o Reiliys
statement he refused to make any com
ment except to say that he knew in ad-
vance Mr. OReily intended to make
statement. He said:
PERSONALLY. have not made up my mind
definitely as to what | shall do. 1t must
be understood that none OF Thaw's counsel
has vet been notified his services were no
longer needed. .Ir. Delmas understands
perfectly that he will not be re-ensag.d,
but he has not yet been SO told
Civil Practice Suffered.
"In my case ] am hesitating about re-
naming in the defense of Thaw under any
condition. My civil practice has suffered
soreiy by my participation in the case, and
a continuance in it will force me 10 give up
all my other practice
Mrs. Evelyn Nesbit Thaw reached the
Tombs about 80 o'clock to see her nus
band, but Warden Flynn told her that she
would have to abide by the usual prison
rule consequently she was not permitted TO
see her husband, as she had done on previ-
Gus Sundays during the eleven weeks that
Thaw had been on trial.
Then she wrote a note to her husband
and waited almost an hour for a reply,
and, growing weary Of waiting. she wrote
second note but the runner who wentgtO
deliver II returned with six-page reply TO
her first note. She read this letter ana
seemed to be pleased with its contents
When asked concerning her husbands
condition, as she could learn it from his
note, she said:
Hes very well. Things seem to be all
right now
Mr.. O'Reilly was the only one of Thaw's
counsel who called on him during the day.
He talked with the prisoner for quarter
of an hour.