New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-10
Mr.. CHOATE MAY SUM UP
FOR THAN PROSECUTION.
Jerome SAID to Want Him-Fear
Outbreak by Prisoner in Court.

Owing to the story told by Mrs. Evelyn Mes
bit Thaw on the witness stand in the trial of her
husband Harry X. Thaw, Thursday and Fri
day, District Attorney Jerome it is understood
has decided that extreme measures are neces-
sary to defend the character of Stanford White
The prosecution therefore, is considering the
propriety of retaining as counsel. to up,
Joseph Il. Choate.
When the defence heard Of this proposed
move yesterday IT was said that a United
States Senator one OF the foremost debaters
and leaders in the upper body was under con-
sideration to make the summing up for the de-
fence If Mr.. Choate is retained by the District
Attorney this Senator will probably oppose him
for ThaW
The District Attorney has left no stone
turned TO obtain testimony to coutrovert the
story tofd by Mrs. Thaw. on Friday night he
had conference Of several hours with lie Lancey
Nicoll and he had another last night Mr..
Nico, as counsel ard intimate friend of White,
has given the prosecution much information
since the shooting.
The possibility that Thaw may get beyond
rontrol and make sensational scene in the
courtroom is worrying his legal advisers. Thaw
was greatly disturbed after his wife had lifted
the veil from her past on Thursday. and is said
10 have put his foot down hard on any more OF
her life secrets being told in court either
through questions asked by his own counsel or
by the District Attorney. He told his advisers
yesterday that he would rather have gone to the
electric chair than heard and seen his wife tell
OF her ruin.
This story must stop somewhere he said
adding that he would make It stop himself. For
two or three days his counsel have been on the
anxious seat, watching him every moment, fear
ing that he might jump to his feet and demand
cessation Of the testimony. They are even more
fearful of the effects of any attempt the prose-
cuton may make TO tear 70 pieces the testimony
OF Mrs. Thaw.
DEFENCE GIVES WARNING.
Because of these fears the defence has served
what is practically an ultnatum that if the
prosecution should insist a severe cross-ex-
animation Of Mrs. Thaw. retaliation would be
made by Introducing further testinonv detri-
mental TO the character of Stanford White This
testimony, it IS understood. does not concern
Mrs. Thaw, hut other young women. The de-
fence has under subpoena a wei known artist 10
testify along similar lines A number of Stan
ford Whites letters are also said 10 be in pos
Session Of the prisoners counsel.
Clifford ". Hartridge counsel of record for the !
defence, said yesterday:
We are absolutely confident OF the acquittal |
of Thaw. There is question, in mind, Of
a hung jury. ] nope the District Attorney VIII /
not require US TO dig up any more unpleasant I
history. But if i IS necessary 10 do so we shall
not hesitate"
The will Of Harry X Thaw. which the defence /
attempted 10 introduce in evidence Friday |
was the cause Of much comment yesterday |
Counsel for the defence would neither affirm nor |
deny the truth of the summaries printed yester- /
day. merely saving they had not made them !
public. Yesterday afternoon David y. Carvalho !
the handwriting expert, went over the will word !
for word, to be able TO testify that the por-
tion OF it in writing vas done 10y Thaw. The /
VIII and codic viii b. used 70 show that the /!
author of unsound mind. The clauses are /
rambling, and sometimes incomprehensib.e.
WITNESSES OF Will COMING.
The defence was in communication yesterday |
the telephone with witnesses TO the WILL |
and they will be here in time 70 testify to-day. |
It is understood that the document was drawn |
up by Thaw himself A report that the de-
PENDANT would testify in his own behalf was de-
MED yesterday.
Reports that Jack" Barrymore. the actor. |
who is witness for the prosecution, is iii near |
Boston did not worry the prosecution yesterday. |
II was said that he is merely suffering from a |
slight attack Of grip. and would be able to |
come to New York whenever needed. Barry |
more has already given a sworn statement to |
the District Attorney. and, II is said, will go
the stand if necessary 10 substantiate IT, His |
testimony. II IS said, Is at direct variance with |
that which Mrs. Thaw has given concerning his |
acquaintance with her.
Mrs. Evelyn Thaw talked to her husband !
yesterday for the first time since Wednesday. |
She at the Tombs as the visiting |
hour arrived, and remained until it over. /
Mrs. William Thaw also her son. The two |
women went in different carriages and were to- !
Eether with the prisoner. Thaw was in excellent |
spirits. A. Russell Peabody and John 3. Glea- |
son conferred with him for some time. They |
fused to make any statement
The jurors had their first differences yester-
day. They We're divided evenly whether they
would take a walk remain indoors As Police
Captain Lynch would not allow them to sepa-
rate, all Of them had TO remain indoors To-day |
they VIII attend church, and will be taken for a |
drive in the afternoon.