The Washington times., 1907-02-03

NEW YORK Feb. 2.-On the eve
OF the millionaire's fight for life. I'M
portant differences have arisen be.
tween Harry Kendall Thaw and his
advisers. Young Thaw insists upon
going on the witness stand in his
own behalf lie wants TO tell his
own story to the jury. confidant
that the narrative viii clear what
ever lingering doubts may remain
in their minds as 10 his responsible
1 ity for the killing Of stanford
White.
There are among the counsel for
Ihaw some who support him in his
desire thus 10 take the witness
stand; out those who oppose it sup
port their views with such logical
arguments that there was a fair
prospect tonight that they would
have their way, and that Thaw
would remain mute throughout his
ordeal
Under certain circumstances. these
legal gentlemen point out, IL would De
desirable and perhaps necessary for
Ihaw 20 take the stand but If IT is
10 Doe urged iIl mis- defense that he was
insane az the time Of the shooting OF
stanford White, these astute LEGAL
minds declare that IL would DE the
height Of absurdily 70 cau upoa ThaW
20 testify TO acts which were com
mitied in an hour whea Is did no. ..as..
what he was doing
This view viii probably prevail IN
deed, one Of those who has taken the
lead In Thaw's defense since the open
ing OF the trial, declared empHaticaIIy
tonight that under no circumstance
would IAaw be made a witness.
Evelyn VIII Testify.
Mrs. Evelyn Nesbit Thaw will take
the witness stand, however and under
the guidance of Delmas, will tell her
complete story When she will be called
has not been entirely decided upon vet.
The defense. IL was declared today will
be ready at any time 20 proceed with
its case. though there is a feeling among
counsel that Jerome viii not Dee able 10
complete his ease by noon Monday. the
time which he specified at the hour Of
adj0urument on Friday evening.
Ine defense viii call more than nifty
witnesses and three weeks viii be con
sumed IN the taking Of the TESTIMONY
Any attempt 20 change the makeup of
the Jur- on Monday. when the prosecu-
uon opens its case. viii be vigorously
opposed by ThaW's lawyers
These statements are made On the an
thority IF A. Russell Peabody. of coun-
sci for tle defense who impaired the in
formation regarding the immediate in
tentions Of the defense today, and adj
ded:
we are perfectly satisfied with the
jury as IL stands. and will certainly op-
pose further effort 10 change il. we
are anxious for tie trisl 10 proceed.
and will be ready L. so ahead on Non
day morning.
As to what line the defense viii
take ! am not al liberty 10 say. We
have not and shall not give any Eiut
Of anything we me@n 10 do along those
lines.
The preseEtation Of cur side Of The
case will probably consume three weeks
Nc nave, FaIt OF witresses-abUut
Atty IN ali.
JerOme's Witnesses.
What witness viii be called first by
the defense IS as great a iaystery as
the name of the first with IS of the
state. Rumor today fixed May Mac
Kenzie as District Attorney Jerome $
first witness; but fun consideration of
the facts seems 20 rule her out of the
case. Of the prosecution entirely. She
is essentially a witness FOR the de-
Tense, and il is not regarded as likely
that Jerome Win call her tc the stand
and bind himself to the damaging state
ments that she might make against
Stanford White in the course Of her ex-
animation.
Similarly, it is practicaliy certain now
that Jerome viii not call Mrs. Harry
Thaw as one of his witnesses. He can
get along without her, and he has AT
hand a sufficient number OF witnesses.
according TO his lights, 20 contradict
Mrs Thaws statements il that be
necessary.
All day today there were rumors about
the Criminal Courts building as 10 an
intention on Jerome's part 20 make a
desperate effort Monday 70 have another
juror Withdrawn. The name of this
juror was mentioned. and circumstances
concerning his career were cited as rea-
sons why he should be dismissed He
Is said 10 be well known in racing cir
cles, and Jerome is alleged to have facts
about him which inspire a wholesome de-
sire TO not go to trial with the man in
the box.
To get another man out e. the box.
Jerome viii have 10 convince Justice
fitzgerald that there is something sradi-
cally wrong with the juror. and even al
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