Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-03-09
TH,W DEFENSE RESTS CASE
.ornsy Announces that All Their
Evidence is In.
.EReME SECURES RECESS UNTIL MONDAY
Subpoena for Evelyn Nesbit ThRw-
Defendants wife Required to
Produce Letters Received
from white.

after the convening of court and an ad-
journment was ordered until Monday morn
ing. District Attorney Jerome said that
while he had been informally notified yes
terday of the changed plans of the defense
he had come to court today expecting to
be confronted by additional expert testi-
mony. His witnesses were not ready, he
added. II was upon this representation
and with the consent of the defense that
the adjournment was taken.
The court proceedings occupied less than
FIVE minutes and Mr.. Jerome returned at
once to his office to prepare his rebuttal
testimony. Almost his first move was to
subpoena Mrs. Evelyn Nesbit Thaw to pro-
duce in court any letters she may have,
written by Stanford White.
The district attorney also had May Mac
Kenzie notified to be in court Monday pre-
pared to go upon the witness stand Miss
Mackenzie had been under subpoena by
the state ever since the trial began. She
is the intimate friend of Thaw's wife and
during the first stages of the trial the two
were inseparable. Lately, however, Miss
Mackenzie has been seen but seldom about
the criminal courts There is no intlma-
ton that the young women have quarreled.
Miss Mackenzie probably found her po-
sition rather trying. sitting day after day
in the witness room with the Thsw family.
1t is also said that Mr.. Jerome has sum-
moned Mrs. j. ]. Caine of Boston. who
already has testified for the defense.
Experts for state.
Among the other known witnesses for the
state are DIR. Bingaman of Pittsburg ana
DR.. Deemer of Kittanning, Pa, the Thaw
and Copley family physicians. The defense
originally summoned these physicians, but
Mr.. Jerome has stated that the doctors can
give important testimony which the defense
has failed to develop.
The prosecutor has stated that he will
call DIR. Allan McLane Hamilton, who at
! first was in the employ Of Thaws at
| torneys, but left the case when Thaw dis
missed Black, Olcott, Gruber & Bonynge,
who were retained In his behalf by his
! mothers legal advisers. Drs. Austin Flint,
Carlos Macdonald and william Mahon have
| been in the employ of the state ever since
J the Thaw trial began and have attended
every session. They are prepared TO tes-
| tify at a moments notice.
| Just what District Attorney Jerome in
| tends to prove or will be allowed to prove
on rebuttal remains a mystery The prose-
cutor himself is probably at a loss to know
how far he can go in attacking Evelyn
| Thaw's story and In adducing evidence
tending to contradict and discredit her. His
/
| an adverse decision from Justice Fitzgerald
/ Mr.. Delmas, for the defense, undoubtedly
| will make Mr.. Jerome's progress difficult
by continued objections. The rules OF evil
| dence involved In the Thaw case differ ma
| terially from those in any recent murder
| trial in this Jurisdiction and II has been
evident from the first that the attorneys
have been feeling their way cautiously.
HummeI to BE Recalled.
District Attorney Jerome undoubtedly will
! again summon Abraham Hummel, law
| yer, to the stand to testify as to the affi-
! daVit Evelyn Nesbit Is alleged to have
| signed charging Thaw with crueltes be-
| cause she would not tell lies" about Stan
ford White. The prosecutor attempted to
introduce this testimony by interrupting
young Mrs. Thaws narrative, but the tes-
timony was barred at that time. Mr.. Jer-
ONE believes that upon rebuttal Justice
Fitzgerald will allow him wider latitude.
Howard Nesbit was with the district at
torney today and II is said he will be called
I to testify that his sister told him Thaw
had treated her cruelty while abroad in
1903 because she again would not tell lies
about Stanford White" Mr.. Jerome hopes
by the brother to corroborate the testimony
he expects to elicit from Abraham Hummel.
The latter is under indictmnt for alleged
subornation of perjury in the Dodge
Morse divorce tangle.
With these witnesses and any others
under subpoena, Mr.. Jerome adhered to
his prediction OF last night, that the case
might be given to the jury by Friday.
When asked today how many witnesses he
would call, Mr.. Jerome replied smilingly:
'The minimum is zero, and the maximum
twenty-five; it may be either"
He would not modify what he said yes
terdal that in the state of the evidence
he would assuredly let the case go to the
jury and not ask for a commission. This
determination on the district attorney 5
part pleases Thaw's lawyers and the de-
fendant himself who all along has feared
the asylum for the criminal insane far
more than verdict as to his guilt or In
nocence under the statutes
Despite Mr.. Jerome's hope for a termina-
ton of the long drawn out case within the
next week, few OF those who have kept
track OF the trial are willing to hazard a
prediction that the end is less than two
weeks away,
Attempt to Separate Thawa.
There were many rumors today of a
serious estrangement between the defend.
ants family and his wife, and OF the re-
ported desire OF the former to bring about
separation OF the young couple in the
event OF a verdict acquitting Thaw OF muir
der. Young Howard Nesbit, brother OF
Mrs. Harry Thaw. Is quoted as saying:
The Countess OF Yarmouth has said that
she will not return 10 England until heI
brother and my sister have been separated
II did not know OF this until my return
from Pittsburg Sunday AS soon as I ar.
rived here l went to the Hotel Lorraine tc
warn my sister, but Mr.. Delmas would MOI
! let me see her alone. did not want any
; OF the lawyers present while / talked tc
, her, because I knew they would probably
; deny II.
l Il am sure that II my sister knew OF tn,
! plans against her she would assert herself
at once and not remain passive, as she ha,
been so far"
It has also been a matter OF eommen
that as two experts have declared Thav
, insane at the time of his marriage. III,
ceremony might be declared void and an
nulled. Under this rule the will and eodicil
In which Mrs. Thaw is left the main Dor
ton OF her husbands estate. are also void
The Defense Rests.
The court session was opened with al
the usual formslities Thaw was brigh
& ka -, l..