Los Angeles herald., 1907-03-09
DEMANDS LETTERS
FROM MRS. THAW
JEROME BUSY WITH REBUTTAL
EVIDENCE
District Attorney Notifies May Mac
kenzie to Be in Court Monday,
When Murder Trial Is
Resumed
By Associated Press.

By Associated Press.
NEW YORK, March S.-The defense
in the Thaw case rested today imme-
diately after the convening of court
and an adjournment was ordered until
Monday morning.
District Attorney Jerome said that
while he had been informally notified
yesterday of the changed plans of the
defense he had come to court today ex-
pecting to be confronted by additional
expert testimony. His witnesses were
not ready, he added. 1t was upon this
representation and with the consent of
the defense that the adjournment was
taken.
The court proceedings occupied less
than ave minutes, and Mr.. Jerome re-
turned at once to his office to prepare
his rebuttal testimony. Almost his first
move was to subpoena Mrs. Evelyn
Nesbit Thaw to produce in court any
letters she may have written by Stan
ford White.
Calls May Mackenzie
The district attorney also had May
Mackenzie notified to be in court Mon
day prepared 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
stages of the trial the two were in
separable. Lately, however, Miss Mac
kenzie has been seen but seldom about
the court. There is no intimation that
the young women have quarreled. Miss
Mackenzie probably found her position
rather trying, sitting day after day in
the witness room with the Thaw fam
lily.
1t is also said that Mr.. Jerome has
summoned Mrs. J. j. Caine of Boston, |
who already has testified for the de-
fense.
Among the we'll known witnesses for
the state are DR.. Bigaman of Pitts
burg and DR.. Deemar of Kittaning, Pa, |
the Thaw and Copely family physicians |
The defense originally summoned these
physicians, but Mr.. Jerome had stated |
that the doctors can give important |
testimony which the defense has failed |
to develop.
will call DR.. Allan McLain Hamilton, |
who at first was in the employ of |
Thaws attorneys, but left the case
when Thaw dismissed Black, Olcott, |
Gruber and Bonynge, who were re- |
tained in his behalf by his mothers |
legal advisers. Drs. Austin Flint, Car
los Macdonald and William Mabin have |
since the Thaw trial began and have
attended every session. They are pre-
pared to testify at moments notice.
jerome In Doubt
Just what District Attorney Jerome
intends to prove or will be allowed to
prove on rebuttal remains a mystery.
The prosecutor himself is probably at
a loss to know how far he can go in
attacking Evelyn ThaWs story and in
adducing evidence tending to contra
dict and discredit her. His campaign
may be changed at any time by an ad-
verse decision from Justice Fitzgerald.
Mr.. Delmas, for the defense, prob
ably will make Mr.. Jeromes progress
difficult by continued objections. The
rules of evidence invoked in the Thaw
case differ materially from those in
any recent murder trial In this juris-
diction, and 1t has been evident from
the first that the attorneys have been
feeling their way cautiously.
HummeI Wanted Again
District Attorney Jerome undoubted-
ly will again summon Abraham Hum
mel, the lawyer, to the stand to testify
as to the affidavit which Mrs. Thaw is
said to have signed, charging Thaw
with cruelties because she would not
tell les" about Stanford White. The
prosecutor attempted to introduce this
testimony by interrupting young Mrs.
Thaw's narrative, but the testimony
was barred at tnat time. Mr.. Jerome
believes that upon rebuttal Justice
Fitzgerald will allow him wider lati-
tude.
Howard Nesbit was with the district
attorney today and 1t is said he will be
called to testify that his sister told him
Thaw had treated her cruelty while
abroad in. 1908 because she would not
tell lies about Stanford White"
MIR. Jerome hopes by the brother TO
corroborate the testimony he expects
to elicit from Abraham Hummel. The
latter is under indictment for alleged
subornation of perjury in the Dodge-a
Morse divorce tangle.
With these witnesses and many 9TH
ers under subpoena Mr. Jerome adj
hered to his prediction of last night
that the case might be given to the L
jury by Friday.
When asked today how many Wit
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