The Birmingham age-herald., 1907-11-25
ANOTHER DELAY
 IN THAW TRIAL
PostppnGment NH Be Asked By
 Attorney Jerome
PRISONER CHAFES IN CELL
Reasons for Postponement Are Prin. cipally Near Approach of Christmas and Inspection of Secret Evl-
 dence By Thaw's Counsel.

and Inspection of Secret Evi-
 dence By Thaws Counsel.
 New York. November 24-rhe second trial Of Harry Kendall Thaw, set for one week from tomorrow, will again be postponed. and there is little chance that 1t will be called until some date well along in January. The decision to ask for postponement has been agreed upon by both sides. Ii is due partly to the fact that the task of selecting a jury woulC be hard owing to the approach of the holidays and the prospect before the talesman of spending both Christmas and New Years day locked up under the care og court bailiffs and also to the fact that Thaw's counsel has applied to the court for permission to inspect the secret evidence presented lefore the lunacy commission during the progress of the first trial As an added cause for delay there is a rumor that the counsel that is now representing Thaw may ap- ply for change of venue declaring a fair trial for their client in New York county is impossible. Such a move, if made would be based upon the alleged unfriendly attitude Of many of the local papers and the extent to which the ev- dence was printed and read in this com munity District Attorney Jerome will scarcely make change in the scene of the trial.
 Thaw Is Impatient.
 Thaw, in his cell in the famous old Tombs prison, which he has occupied since the night of the tragedy on Mad ison Square roof garden, June 9, 1906, is planning for his second trial with the same confidence of acquittal that he pre- pared for the first ordeal. he daily ad- vises with his counsel, chafes at the de- lays already encountered in getting his story before a second jury and is inn patient for his a, Ss an court tos begin.
 It is nearly year since the first trial was begun It covered a period of F weeks and after two days and two nights of deliberation the jury could not agree. Seven of the 12 men who heard the dramatic recital of Evelyn Nesbit Thaw "a story of alleged wrongful treatment at the hands of the noted architect, a
  cable to every part of the civilized world and read as one of the most rema rka ble utterances ever heard in a court room failed to believe that her confession to her husband justified him three years later in taking the life of the man charged with the ruin of his chorus girl wife. They voted for guilty of murder in the first degree. Five of the jurors, on the other hand, were ready to acquit; most of them believing that Thaws mind had been so upset over the story of the girls downfall that he was bereft of reason and was entitled to that provi- sion of the law which excuses a person so insane as not to know the nature or quality of his act and not to know that the act is wrong. At the police station the night of the tragedy and afterwards in the city prison, Thaw contended he was acting as an agent of Providence in sending Stanford White to his grave.
 Plans of Defense.
 Great interest centers in the course of the defense at the coming trial It is generally believed that, despite any ideas of justification which Taw may enter tain, his present lawyers will confine themselves to making out a case of legal insanity. This may be emotional or hereditary, both of these phases of the matter having been gone into at the first trial. Six or seven alienists took the stand Hl lIldl utailnB ana leSl1led mat Thaw had been driven insane by the story told him when he and the girl who was to become his wife were stopping to- gether in Paris. Dr. Britton D. Evans, superintendent of the New Jersey State Hospital for the Insane. made q world wide stir by expressing Thaws condition of mind the night of the tragedy as d "brainstorm. The dark clouds had been gathering for a year more. he de- clared. and when Thaw saw White "glowering" at him on the roof garden. at the first night of a summer extrava- ganza known as Mile. Champagne" :" the storm broke and Thaw fired
 District Attorney Jerome combatte this plea with the testimony of seven experts all of whom declared that Thaws insanity was not such as to deprive him of knowledge as to the wrongful nature of his act withstanding this, how ever, they agreed with District Attorney Jerome that Thaw was medically insane not only at the time of the shooting but throughout the trial during which. they declared. he was unable intelligently to aGvise with counsel or to appreciate the character of the proceedings against him.
 Interruption of Trial.
 The trial was interrupted. it will be remembered by the appointment of a commission at MT. Jerome's sugges- ton to inquire into Thaw's mental con n. mously that Thaw vas able to advise intelligently with counsel and to un- derstand all of the proceedings in court They examined the young mil lionaire both mentally and physically and he came out of the tests with flying colors. This tended to bear out the theory of the defense that Thaw had suffered from a ''brainstorm" and that his condition had wonderfully inn proved during his stay in jail. It was that with the death of White the force which had fomented the disorder was removed and that the clouds sef blind insanity had broken away.
 When the trail was resumed how ever, and the arguments were begun. Thaw's principal counsel. Dolphin M. Delmas who came with brilliant rep utation from the Pacific coast to take charge of the case, threw down the substantial structure of legal insanity which had been built up, tossed it lit- erally out of the window, and made his plea unreservedly on the 'unwrit- ten law He pictured with great ora torical effect the wronged Evelyn" as "an angel child" Thaw alternately was a sir O'Galahad. or "St.
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