Albuquerque morning journal., 1907-03-08
Thaw'S Counsel Notify District
Attorney They Have Decided
to Rest Their CaSe--Next
Move Up to Prosecution.
ADJOURNMENT OF CASE
TILL MONDAY EXPECTED
Belief Persists That State viii
Apply for Commission in
LunaCy to Pass on Prisoners S
Condition,
Try Morning journal Special Leased wlre.l

iHy Morning journal Special Leased Wire
New York. March There was
another quick throw OF the cards in
the trial of Harry *. Thaw today
when the defense announced that it
mad concluded to rest its case
It was nearly 6 o'clock when Del
phin NJ, Delmas, chief of the Thaw
counsel, called District Attorney Jer-
ome on the telephone, and mare the
announcement
The district attorney was perhaps
the most surprised man in New York.
Tor 1t had been understood the Thaw
attorneys would call one or two
alienists Friday morning.
Court will assemble tomorrow a.
planned, but what will be done is a
question much discussed tonight. Mr.
Delmas will make the simple an
nouncement
The defense rests"
It Will then be the duty of the dis
trict attorney to take uD the rebuttal.
but it was generally rumored tonight
that after a brief session adjournment
Will be asked and granted until Mon
day. that Mr.. jerome may mature his
plans
The sudden decision Of the defense
came after Il conference of Thaw's
lawyers in Mr.. De!maS' Office late
lawyers in Mr. Delmas office EFT
this afternoon
1t Is understood that Dan O'Rielly
and Gleason were with MI Delmas
during the discussion as to the best
course to pursue, When an agree-
mont was reached MI. Dclmas imme-
dlately notified the district attorney.
Henry c. McPike. associated with Mr.
Delmas, later called at Mr.. Jerome's
office and it is believed, handed the
district attorney a letter. He refused
to discuss the situation.
1t is known that Mr.. Deimas Is bus.
lily at work on hypothetical ques-
ton which will be proDounded to the
experts for the state, Mr. Jerome's
move In the morning is awaited with
interest. There are numerous wit
nesses that could be called in rebuttal
including alienists for the state who
hmave been in court every day since
the trial opened studying Thaw. How
ard Ncsbit a brother of Mrs. Harry K
ThaW, May Mackenzie and others
have been on call daily, and may be
summoned in the morning. The gem
eral supposition is, however, that ad-
iournment viii be taken.
II was understood tonight that the
defense will attempt to conclude its
Cross-c examination speedily. dealing
very briefly with the alienists. How
long Mr. jerome vii! take ON rebut
tai is another question of importance
The ease may close with this rebut-
tai, although the defense has chance
for sur-rebuttal
1t was an evening of activity in tho
district attorneys office. Assistant
District Attorney Mott was called in
for the first time since the opening of
the trial, and with his chief and As
sistant District Attorney Garvln. ex
anined witnesses and went over the
law authorities until a late hour
The close of the defense was with
the testimony of Mrs. William Thaw
mother of the defendant, and at to-
days conference. it is said. the at
tOrneys decided no better cllmax could
have been reached by the defense.
Several of Thaw's attorneys visited
him in the Tombs today, and he was
notified of the decision and con-
CURED.
The question of lunacy commits
sion looms prominent still. Mr.. Jer-
ONE may ask TOR the appointment OF
such commission at any time. ana
this may halt proceedings. Thaw's
lawyers. and the defendant himself, it..
Is said, have more fear of suspension
of the trial in favor of commission
than a verdict by the present jury
The defense is prepafed to fight such
an appointment however.
Mrs. Harry Thaw visited her hus-
band early today. and remained for
long while. She seemed bright and
cheerful. Mrs. William Thaw and
her daughters. the Countess of Var
mouth and Mrs. Carnegie, also visited
Thaw.
Mr.. O'Rlelly. of Thaw's counsel. to-
hight gave out letter which he said
had been received by Thaw last
month and which Thaw himself de-
sired published. Thaw. however. re
fused to permit the name of the writer
10 he made known, The letter fol-
lows:
FEB. 3. 19O7--Dear Sir: It is
wrong that nothing IS done to coun-
ieract the impression that Mr.. H. X.
Thaw has lived apart from good asso-
Citations except at his home in Pitts
burg. i hesltated in sending this in
formation. as his lawyers should dis
pei this bad feeling Instead they
seem to nay attention to nothing be
yond his rights in the trial.
"Mr n. X. Thaw has not onlV
learned friends aud scientific friends.
but also others of the most cOnserva-
tive society.
When last his mother was abroad
he gave dinners for her at which she
met all the best elements of society
In town. including the prime minister,
the grand master OF the court and
their wives and the head of the best
old Roman families. In Paris and
London and other places he made her
visit agreeable in the same manner.
Mrs William X. Thaw would sell
doin leave her home and her philan-
tronic interests In Pittsburg hut !
know Of one occasion when she was
present at large dinner where the