The San Francisco call., 1907-03-09
TKAW'S DEFENSE RESTS
AND COURT ADJ0URNS
Jerome Given Till Monday
to Make Preparation
for Rebuttal
MANY SUBPENAS OUT
End of Case VIII Probably
Not. Be Reached for
Two Weeks
MANY SUBPENAS OUT


Monday morning. District Attorney
Jerome said that while he had been
informally notified yesterday OF the
changed plans OF the defense he had
come 70 court today expecting TO be
confronted by additional expert testi-
mony. His witnesses were not ready,
he added. II was upon this repre-
sentation and with the consent Of the
defense that the adjournment was
taken.
The court proceedings occupied less
than Eve minutes and Jerome returned
at once 10 his Office TO prepare his
rebuttal testimony. Almost his first
move was to subpoena Mrs. Evelyn
Nesbit Thaw TO produce in court any
letters that she might have that were
written by Stanford White.
The District Attorney also had May
Mackenzie notified TO be in court on
Monday prepared to go on the witness
stand. Miss Mackenzie had been un-
der 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
inseparsble II is also said that Je-
rome has summoned Mrs. J. ]. Caine
OF Boston, who already has testified
for the defense. Among the other
known witnesses for the State are
Dr. Bingaman OF Pittsburg and DR..
and Copely family physicians.
WILL CALL HUMMEL AGAIN
Just what District Attorney Jerome
intends to prove or will be allowed
TO prove on rebuttal remains q mys-
terry. The prosecutor himself is prob
ably at q loss TO know how far he
can 80 in attacking Evelyn Thaw's
story and in adducing evidence tend
ing TO contradict and discredit her.
time by an adverse decision from Jus
tice Fitzgerald
DelmaS. for the defense, undoubted-
~ Will make Jeromes progress diff
cult by continued objections. The
rules OF evidence invoked in the Thaw
case differ materially from those in
any recent murder trial ia this Juris-
diction, and II has been evident from
the first that the attorneys have been
feeling their way cautiously.
District Attorney jerome undOubted-
" will again summon Abraham Hum
mel, the lawyer, to the stand to testify
as to the affidavit that Evelyn Nesbit
is alleged to have signed. charging
ThaW with cruelties because she
would not tell lies about Stanford
White" The prosecutor attempted to
introduce this testimony by interrupt
ing young Mrs. Thaw's narrative, but
the testimony was barred at that time
Jerome believes that upon rebuttal
Justice Fitzgerald viii allow him wider
latitude.
BROTHER HELPS JEROME
Howard Nesbit was with the District
Attorney today and II is said that he
viii be called TO testify that his sister
told him that Thaw had treated her
cruelty while abroad in 1903 because
she would not tell lies about Stanford
White" Jerome hopes to corroborate
by the brother the testimony that be
expects to elicit from Abraham Hum
mel The latter is under Indictment for
alleged subornation OF perjury in the
Dodge-Morse divorce tangle.
With these witnesses and many 9TH
ers under subpoena Jerome adhered to
his prediction OF last night that the
case might be given to the Jury by Fri
day. When asked today how many
witnesses ne would call, Jerome re-
piled smilingly: The minimum is zero
and the maximum twenty-five; it may
be either"
The determination on the District
Attorneys part not to ask for a Iunacy
commission pleases Thaw's lawyers and
the defendant himself. who all along
has feared the asylum for the criminal
insane far more than a verdict as to
his guilt or innocence
Despite Jerome's hope for q termina-
ton Of the long drawn out case within
lte next week. rev OF lnOSe VINO nave
kept track Of the trial are willing to
hazard a prediction that the end is less
than two weeks away.
WILEY is aVINDICATEDs
Before leaving for his home at Pitts
burg today, DR.. c. c. Wiley, the first
alienist put on the stand by the de-
fense, gave out a letter from D. NJ
Delmas. Thaw's chief counsel The let
ter after stating that the expert testi-
mony given by DR.. Wiley had been
fully confirmed by that OF the alienists
subsequently examined" contained the
following somewhat significant SEN
tence:
"They have but reiterated your opin-
ion that, on the facts OF the case, the
defendant at the time Of the homicide
was OF unsound mind"
From this expression by Delmas it
would appear that he does not expect
10 use the plea OF Justification" in his
appeal 10 the jury. but rather hopes to
convince II that Mrs. Evelyn Thaw's
stories about White temporarily unbal-
anced the defendants mind.
There were many rumors today OF a
serious estrangement between the de-
PENDANTS family and his wife and Of
the reported desire OF the former to
bring about separation OF the young
couple in the event OF a verdict ao-
quitting Thaw OF murder Young How
ard Nesbit, brother OF Mrs. Harry Thaw,
is quoted as saying;
The Countess Of Yarmouth has said that she
would not return 20 England until her brother
and my sister had been separated. I did not
know Of this until my return from Pitfeburr
Sunday. As soon arrived here I went 10 the
Hotel Lorraine 10 my sister. but Deimas
would not let me see her alone. ] did not want
any OF the lawyers present while talked TO her
because knew that they would probably DENY III
j that II my sister knew OF the plans
against her she would assert herself at once and
not remain passive, as she has been 80 far
It has also been a matter Of com
rnent that as two experts have declared
Thaw insane at the time Of his mar
riaRe the ceremony might be declared
void. Under this rule the will and codi-
eli in which Mrs Thaw is left the main
portion OF her husbands estate, are
also void.