Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1907-11-27
TRIAL IS POSTPONED
Second Hearing Of Thaw Case to
Come Up in January.
IS CONFIDENT CF ACQUITTAL

Thaw Believed He viii Be Freed and
Is Preparing for Second ordeal
Both Sides Agree to a Postponement
OF the Case.
New York, Nov. &c. The second
trial OF Harry Kendall ThaW, set for
one week from Monday, Nov. %,
will again DC postponed, and there is
little chance thai It will be called UNI
I'll some date we'll along in January
The decision 10 ask for a postpone
ment has been agreed TO by both sides,
1t is due partly to tire fact that the
task of selecting jury would be made
dOubly hard by the approach of the
holidays, and the prospect before the
talesmen Of spending bCln Christmas
and New Years day locked up under
the care Ct court bailiffs, and also to
the fact that ThaW'S counsel has ap-
piled to the court for perHi sion to
inspect the secret evidence pre-. onted
before the luaacy commission during
the progress Of the inst trial.
As an added cause for delay there
Is rumor that the attorneys now
representing Thaw may apply for a
change of venue, declaring fair trial
for their client In New York county is
impossible. Such a move, If made,
would De based upon the alleged un-
friendly attitude of many Of the local
papers, and the extent to which the
evidence was printed and read in this
community. District Attorney Jerome
viii seriously oppose the granting OF
= change In the scene Of the trial.
II is nearly year since the first
trial was begun. 1t covered a period
Of twelve weeks. and after two days
and two nights OF dellberation the
jury could not agree.
Thaw, in his cell In the famous old
Tombs prison, which he has occupied
since the night OF the tragedy on the
Madison Square Roof Garden June % e.
1906, Is planning for his second trial
with the same confidence Of acquittal
that he prepared Tor the first ordeal.
He daily advises with his counsel -,
chafcs at the delays already encoun-
tered in prtting his story before a
second jury and is impatient for his
days in court 10 begin
II Is nearly year since the first
trial was begun. II covered a period
OF twelve weeks and after two days
and two nights' of deliberation the
jury could not agree. Seven OF the
twelve men who heard the drastic
recital of Evelyn NcsbIt Thaw-a
story of alleged wrongful treatment at
the hands Of the noted architect; a
story That, "a flashed by telegraph
ami cable to every part OF the civil
tied world and read as one Of the
most remarkable utterances ever
heard In failea = be.
liel" that hor confession 20 her nus.
band justified him three years after
In tak,ug ,he life ~ the man CHARGED
with thu ruin ~ his chorus cir Wife.
They voted for guilty OF murder IN the
first degree Five jurors. on tho
other hand were ready TO acqui,
NEST Of them believing that Thaw' -,
mind had been so urse, over the story
~ the girls downfall that ne was DC.
u'ft OF ,cls,- and Was entitled 10 that
provision Ot the law which excuses 4
persN So insane as Dot 90 hn,N the
nature Vc gsa..y " b., SCI and not
10 know tNa. tie act IL wrong. \;
/ tlC police station tue ~l--J o. the
.t-a-rtF ard ArcrWari In ~ civ
/ prison TtIV couf,rIed ,v MAS act.
ing a, az ageu, ~ Providence 10
sending Stanford Wai,c leo s.s 1rave
Great irlegesi eyutcrs n The course
( ~ ,hc defense az the cow.ng r.iaL O.
Is geaera.ly believed that despite auy
Ideas Of Justification wt.'' TaaN may
maintain, his Vre en- aulr-, u.u
I ouanue themselves 10 making out a
I case o! lega' irs2gi'v