The Montgomery advertiser., 1907-02-07
Californian Takes Charge
 of Case.
SELF-DEFENSE AND
 INSANITY WILL BE PLEAS
Testimony That White Had
 Threatened Thaw's Life.
sesutifuI Legal Battl. Induised in Be- tween Asgressive District Attcr- aey and ArtfuI Advocate
 sf Yeuns Pitssburs
 MiIiionairs.

< ssAsSssSM--e--s New York. Feb. s.--The defense of Harry K. Thaw. under the direction of Attorney Dolphin M. Delmas of Cali fornia, began to assume defnite shape today .and when an adjournment was taken testimony had been placed be- fore the jury to the effect that stan- ford white had been heard to make . threat to Kill the defendant--coupiing the threat with the display of revol- ver--that Thaw's actions following the Killing of White were considered by several aye witnesses to have been 'fr- rationar': that an uncle os the defend- ant was insane; that Evelyn Nesbit Thaw passed note to her husband during dinner at the Cafe Martin. the evening of the tragedy; that District Attorney Jerome has this note and re- fused on the demand of the defense to introduce it in evidencs. So far tn- deed has Thaw,s defense progressed that at the close of today's proceed ings the announcement was made by MT. Dalnnas that either the wife or the mother of the defendant would be the first witness on the stand tomorrow morning
 The threat against Thaw's life was made two years and a haif before the tragedy occurred. District Attorney Jerome objected to the introduction os the evidence, declaring the defense was saot undeEatood by hisn ta. Dc ono of self -dexense. ". .SS \ v
 Mr. psamas replied thai the defense intended to take advantage of every legal dfense allowed in the state Of New York. be it insanity, sselr-defense. or any other Legitimate Justification for the taking of a human life. This was but the first of series of Inter esfing tiIts between the district attor- ney and Mir. Delmas during the day, and it was agreed that Mir. Jerome had found Thaw's new leading counsel a foeman worthy of his best efforts. The two men are of widely different types --Mr Jerome, quick, passionate, force- ful, sarcastic and brilliant at ridicule; Mir. DeImas calm, courteous. resource fui. witty. crafty and ethical to whom the district attorney was always the learned district attorney" There was never a deviation from this method of address.
 Question of Chcice of Counsel.
 Interest Tn the case today centered in the maneuvers of the counsel for the defense who at the end of yesterdays proceedings had an earnest consultation among themselves to the future con- duct of the case.
 It was decided to put the matter squarely up to the defendant and be- fore court opened f, y, all of the six lawyers who have represented Thaw since the beginning of his trial went into the prisoners pen to discuss the matter with him. They were still in the pen. when Justice Fitzgerald took the bench and they filed into the court room along with the defendant. All the lawyers took their accustomed places at the counsel table.
 The Countess of Yarmouth appeared in court this morning for the first time in several days. She looked a trIffie pale. Along with the countess came George L. Carnegie and his wife, anotn . CT sister of the defendant. Edward Thaw and Josiah Thaw also were menl- bers of the family circle today, the only absentees being Mrs. William Thaw. the motIer, and Mrs. Evelyn Nesbit Thaw. the wife of the defendant. both of whom are barred by the rule excluding witnesses.
 When the court session began Mir. Jerome stated that on adjournment yes terday the point was pending as to the admission of certain testimony bv a witness who was about to state a con versation held with Thaw in January, 1904.
 The court had sustained the obpec- ton to the question interposed by the district attorney, but had invited the citation of authorities. Mir. Jerome was reading from case which he had ap- piled, when Attorney Dolphin M Del mas arose and suggested that a wit ness be placed on the stand before the continuing of the proceedings
 DeImaz Assumes Charge.
 It then became known that Mir. Del mas was to assume active charge of the case, which was handled yesterday V by Mr. Gleason
 It was said Mir. Delmas had deliverad an ultimatum that he would withdraw from the case unless given a free hand in conducting the fight for Thaw's life
 The results of yesterdays proceed ings were anything but satisfying to all concerned in the case
 District Attorney Jerome replied to Mr. Delmas that the matter of allow ing the witness BomaII to state A con. yersation with the defendant was pend- ing yesterday and should be finally de- cided before bringing in further examI- nation.
 MT. Delmas thereupOn said he would withdraw the questions asked the wit ness which caused the objection to be entered This was agreed to. Mir. Je- rome said he would withdraw his objec- ton to the introduction of evidence tending to show insanity in collateral branches of the Thaw family provided certain questions asked the witnesses offered vesterday were withdrawn.
 '"rg shdraw. the questions" said MT. ps....ss, "and will go over the mat ter again"
 AEr. psinas then directed that Benja-