The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-04-16
EVELYN'S STORY To
Be REINFORCED
BY Letters of White ifAnother
Trial
DAN O'REILLY IN CHARGE
He viii Try for BaiI-Story of Del
mas Cutting Loose From the
Case is Told-Thaw
Took Charge.
DAN O'REILLY IN CHARGE

New York, April 15.-"If another trial
is held it has been agreed that the same
line of defense as that used in the first
trial will be followed. Evelyn Thaw will
tell her story again, bur her testimony
will be greatly strengthened by docu-
mentary evidence, that was not used be-
FORE
This is the statement credited to Law
yer Dan o Reilly, Harry X. Thaw's eoun-
sci tonight 1t has been reported O'Reilly
would be the chief of the defense when
the trial is called again, but this report
was not confirmed today and it was
even stated semi-offiically that none OF
the lawyers who officlated at the last
trial had been dispensed with by Thaw
On the other hand it was said that sew
eral of them had been paid the stipulated
fees, and while there would be no for
mai announcement of their dismissal by
Thaw they would not reaper in the case.
As to Mr. oReillys reference to docu-
mentary evidence Ii WAS said tonight
that he referred to letters written to
Evelyn Nesbit by Stanford White.
Story About DeImss.
Dolphin NJ. Delmas, who led the fight
at the recent trial, has, 1t is stated, sew
cred his connection with the case. In
this connection a story of the remarkable
proceeding of Thaw at a critical period
of his trial is published here today The
story reeltes that when the trial was
resumed, after the report of the lunacy
commission, Mr.. Delmas called DIR. Hamil-
ton to the stand to have his testify as to
Thaw's mental condition when the murder
was committed. He was just about to
IL -
from Thaw, which read;
you are no longer in charge of my
case"
Delmas surprised, secured the court s
permission TO confer with his client, the
story states, and when he asked Thaw
what the note meant, Thaw Is said to
have replied: 1T means Just what it
says. You are not going to make those
men testify that / am insane. | am
sane and you know 1t. You are no longer
in charge of my case
Thaw Took Charge.
M. Denas thcn asked Tnaw for pel.
pllassssfs to withdraw, but his request was,
refused. Delmas under the law, could
not voluntarily retire from the case, and
Thaw having told him that he CThaw)
was the leading council in his own case,
Mr. Delnas asked hii- what he 'uished
done.
II want you to tale DR.. Hamilton off
the stand and begin to sum up before
the jury" was the rdply.
Delmas attempted = reason with Thaw,
but he was immovabl, and thereupon an
nounced that the defense rested its case,
and DIR. Hamilton vas excused without
testifying.
Daniel OReilly makes the announce
ment that he is nov counsel of record
for Thaw and will ~ in active charge OF
the case hereafter. He was appointed to
that position a coupe OF weeks ago, ne
saws succeeding clifford w. Hartridge.
Thaw appointed oReilly the day Mr..
Hartridge started tD cross-eXamine DR..
Mabon Mr. O'Reillv says, and tried to
frame a Hypothetical question which tho
judge ruled out.
Mr.. O'Reilly is authority Tor the state
ment that he is only pne of the five law
yers Thaw has re-enfaged but he says
Thaw is fond of LAYER Peabody and
that he will be retained Deimas ana
Gleason, according to Mr.. y Reilly, are
out for good
LAWYER O'ReiIlv wifi move within
week TO have Thaw released on ball. and
he says he expects to succeed
Same Defense.
After later consultation with Ihaw'
Daniel O'Reilly said the defense at the
second trial of Whites slayer VIII De
nracticallv the same as that offered at
the first trial insanity of the defendant
at the time of the shooting of White. He
said that while the aliehisls caiied as
witnesses by the prosecution at ule irsl
trial had admitted that ThaW was medi-
cally insane. the district attorney had
confended that he was not legally in
sane Tho defense at the next trial will
be prepared to prove, according TO
o Reilly, that Thaw then was legally IN
sane also.