The Caucasian. (Clinton, N.C.) 188?-1913, 1907-11-28


New York, Specialize second |
trial of Harry Kendall Thaw, viii |
again be postponed, and there Is lit
tie chance that it viii be called until |
some date well along in January.
The decision to ask for a postpone
nent has been agreed to by both
sides. 1t is due partly to the fact
that the task of selecting a jury
would be made doubly hard by the
approach Of the holidays and the
prospect before the talismen of
spending Christmas and New Years
Day locked up under the care of
court bailiffs and also to the fact that
Thaw's counsel has applied to the
court for permission to inspect the
secret evidence presented before the
lunacy commission during the prog
ress of the first trial. AS an added
cause for delay there is a rumor that
the attorneys now representing Thaw
may apply for change of venue, de-
claring fair trial for their client in
New York county is impossible. Such
q move, if made, would be based up
on the alleged unfriendly attitude Of
many of the local papers and the ex-
tent to which the evidence was print
ed and read in this community. The
district attorney will seriously op-
pose the granting of a change in the
scene Of the trial.
Thaw, in his cell in the famous old
Tombs prison, which he has occupied
since the night of the tragedy oil
Madison Square Roof Garden June
25th, 1906, is planning for his second
trial with the same confidence of &C.
quittal that he prepared for the first
ordeal. He daily advises with his
counsel, chafes at the delays already
encountered in getting his story be-
fore a second jury and is impatient
for his days in court to begin.
1t Is nearly year since the first
trial was begun. 1t covered period
Of twelve weeks and after two days
and two nights Of celebration the
jury could not agree. Seven of the
twelve men who heard the dramatic
recital Of Evelyn Nesbit Thaw-a
story of alleged wrongful treatment
at the hands of the noted architect;
story Of alleged wrongful treatment
and cabled to every part Of the civil
lied world and reas as one Of the
most remarkable utterances ever
heard in court room-failed to be-
lieve that her confession to her hus-
band 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 ac-
quit, most Of them believing that
Thaw's mind had been so upset over
the story Of the girls downfall that
he was bereft Of reason and was en-
titled to that provision 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 afterward
in the city prison Harry Thaw con-
tended he was acting as an agent OF
Providence in sending Stanford
White to his grave.
Great interest centres in the course
of the defense at the coming trial
1t is generally believed that despite
any ideas of justification which ThaW
may entertain, his present lawyers
will confne themselves to making oui
case of legal insanity. This may be
emotional" or hereditary, both OF
: these phases Of the matter having
5 been gone into at first trial. Si1
e or seven allienists took the stand Al
G that hearing and testified that Thav
: had been driven insane by the stor.
told him when he and the girl wh'
: was to become his wife we're stoppins
: together in Paris. DIR. Britton d
+ Evans, superintendent of the New
); Jersey State Hospital for the Insane
> made a worldwide stir by expressing
!, Thaw's condition of mind the nigh
i. of the tragedy as a "brainstorm. ,
i The dark clouds had been gatherln
L for a year or more, he declared, an
|. when Thaw saw White ''glowering
d at him on the roof garden, at tn
e first night of summer extravangan
= "a known as "Mlle. Champagne,
the storm broke and Thaw fired.
District Attorney Jerome combat
ted this plea with the testimony O
seven experts, all Of whom declare
that Thaw's insanity was not such a
al to deprive him of knowledge as to th
J. wrongful nature of his act. No
i, withstanding this, however, the
agreed with District Attorney Jerom
). that Thaw was medically insane, nj
y only at the time of the shooting, br
70 throughout the trial during whicl
~ they declared, he was unable INTEL
is gently to advise with counsel or
t. appreciate the character of the pr
ceedings against him.