The free lance. (Fredericksburg, Va.) 1885-1926, 1907-03-12
jERONETOCALL EVELYN
Sudden Resting of Defense Find:
Prosecution Unprepared.
PRISONERS WIFE sUBpoENAEp
District Attorney Preparing List Of
Witnesses for Rebuttal-The Case
May Co to the Jury BY Friday
Afternoon.

Witnesses for Rebuttal-The Case
May Co to the Jury BY Friday
Afternoon.
New York. March 9.-The defense in
The Thaw case rested Immediately af
ter the converting OF court. and al
adjournment thereupon was ordered
until Monday morning. District Attor
ney Jerome said that while he had
been informally notified of the chang
ed plans OF the defendants counsel
he had come TO court expecting to be
confronted by additional expert testi
mony as TO Thaw's sttae OF mind. His
witnesses were not ready, he added
and it was upon this representation
and with the freely granted consent
of the defense that the adjournment
was taken.
The court proceedings occupied
less thar FIVE minutes, and District
Attorney Jerome returned at once to
his office and began preparing his
campaign OF rebuttal testimony. Al
most his first move was To have a
subpoena served upon Mrs. Evelyn
Nesbit Thaw, requiring her to pro
duce in court any letters she may
Ihave in her possession written by
Stanford White. The district attor
ney' had May Mackenzie notified TO be
in court Monday 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 OF Thaw's wife, and
during the first stages of the trial the
two were inseparable.
II Is also said that Mr.. Jerome has
summoned Mrs. J. J. Game, of Boston
who already has testified for the de
fense. Among the other known wit
nesses for the state are Mrs. Binga
man. of Pittsburg, and Deemar, OF Kit
tanning. Pa, the Thaw and Copley
family physicians. The defense orig
inally summoned these physicians, but
Mr.. Jerome has publicly stated that
the doctors can give very important
testimony which the defense has fail
ed 10 develop The prosecutor has
stated i'm court that he will call as
an expert Or. Allen McLane Hamil
ton. who at first was in the employ OF
Thaw's attorneys. but left the case
when Thaw dismissed the firm oil
Black, Olcott, Griber & Bonynge. who
were retained In his behalf by his
mothers legal advisers. Drs. Austin
Flint Varlos Macdonald and William
Mabon have been in the employ OF the
state ever since the Thaw trial began
and have attended every session. They
are prepared to testify at a moments
notice.
lust what District Attorney Jeroms
intends to prove. or will be allowed to
Prove in rebuttal. remains as deep q
mystery as ever. The prosecutor him
self is probably at loss to know how
far he can go in attacking Evelyn
Nesbit Thaw's story. and in adducine
evidence tending to contradict and
discredit her. His plan OF campaign
nav be entirely changed at any time
by an adverse decision from Justice
Fitzgerald. Mr.. Delmas, for the de
Tense. undoubtedly will make Mr.. Je
rome's progress difficult by continued
objections. The rules Of evidence in
voked in the Thaw case differ mater
tally from those in any recent murder
trial in this jurisdiction, and 1t has
been evident from the first that the
attorneys on both sides have been feel
ing their way cautiously.
Howard Nesbit was with the dis
trict attorney. and It is said he will
be called to the stand to testify that
his sister told him Thaw had treated
her cruelty while abroad in 1903 be
cause she again would not tell lies
about Stanford White" Mr.. Jerome
homes by the brother to corroborate
the testimony he expects to elicit
from Abraham Hummel, the later be
ing under indictment at the presen
time for alleged subordination OF per
Jury in the DodgeMOrse divorce tan
gle.
With all the witnesses here enum
Grated and many others under sub
poena. Mr.. Jerome adhered to his pre-
diction that the case might be given
to the jury by Friday.