The daily morning journal and courier., 1907-03-08
RATHER SENSATIONAL
 TURN IN THAW CASE
DEFENSE ANNOUNCES THAT IT HAS CONCLUDED TO REST
 ITS CASE.

District Attorney Perhaps the Most
 Surprised Man in the Metropolis
 Court to Assemble To-day But What
 is to be Done is Question-Sudden
 Decision of Defense Comes After n
 Conference of Accused's Lawyers.
 New York. March 7.-There was an- other quick turn of the cards in the trial of Harry K. Thaw late to-day when the defense announced that it had concluded to rest it's case.
 It was nearly o'clock when Deiphin M. Delmas, chief of the Thaw counsel. called District Attorney Jerome on tho telephone and made the announcement.
 The district attorney was perhaps the most surprised man in New York. for It had been understood that when Jus tice Fitzgerald resumed the bench Fri day morning at 1O;3O ths Thaw attor- neTs would call one of two lienists. Court will assemble tomorrow as planned. but what will be done, is d question much discussed tonight. MT. Delmast will make the simple an- nouncement: "The defense rests.
 It will then be up to the district at- torney to take up the rebuttal, but it was generally rurnored tonight that after brief session adjournment will be asked and granted until Monday that MT. Jerome may mature his plans.
 The sudden decision of the defense came after a conference of Thaw's lawyers in MT. Delmas' office late this ! afternoon. It is understood that Law yers Daniel O'Reilly and Gleason were with MT. Delmas during the discussion as to the best course to pursue. when an agreement was reached Mr. Delmas immediately notified the district attor- ney.
 Henry Clay McPike, associated with MT. Delmas, later called at MT. Je- rome's office and it is believed handed the district attorney a letter, He re- fused to discuss the situation | 1t is known tha. MT. Delmas is busi- ly at work on a Hypothetical question which will be propounded to the expert for the state. MT. Jerome's move in the morning is awaited with interest. There are numerous witnesses that could be l called in rebuttal, including alienists for the state who have been in court every day since the trial opened, study ing Thaw Toward Nesbit, brother of Mrs. Harry K. Thaw, May Mckenzie and others have been at call daily and may be summoned in the morning. The general supposition is, however, I that adjournment will be taken.
 It was understood tonight that the defense will attempt to conclude it's cross examination speedily dealing very briefly with the alienists. How long MT. Jerome will take on rebuttal is another question of importance. The case may close with this rehuttal On good authority it was said that MT. Delmas would sum up for Thaw. This, too, has been question under discus sion.
 It was an evening of activity in the district attorneys office Assistant Dis trict Attorney Nott was called in for the first time since the opening of the trial, and with his chief and Assistant District Attorney Garvan examined witnesses and went over the law au- thorities until late hour.
 The close of the defense was with the testimony of Mrs. William Thaw, mother of the defendant, and it was said that at to-day's conference it was decided that no better climax could have been reached by the defense
 Several of Thaw's attorneys visited him in the Tombs to-day and he was notified of their decision, and concur red.
 The question of lunacy commission looms prominent still Mr Jerome may ask for the appointment of such com-I mission at any time, and this may halt proceedings. Thaw's counsel, and the defendant himself, it is said, have more fear of a suspension of the trial in favor of a commission than a yer dict by the present jury. The defense is prepared to fight such an appoint ment, however.
 Mrs. Harry Thaw visited her hus- band early to-day and remained a long while, She seemed very bright and cheerful,