The Marion daily mirror. (Marion, Ohio) 1892-1912, 1907-03-09
MuStMake the Next Move
in the Thaw Trial.
WHAT WILL 1T BE?
The Defense Rests Its Case and Mr.
Jerome Begins to Prepare Ills
Campaign Of Rebnttal.

New York, March 9.--The defens,
In the Thaw case rested Friday imme
diately after the convening of cour
and an adjournment was ordered unit
Monday. District Attorney Jerom,
said that while he had'been informally
notified Thursday Of the changed
plans of the defendants counsel, ht
had come to court expecting to be con
fronted by additional expert testimony
as to Thaw's state Of mind His wit
nesses were not ready, and IL was
upon this representation and with the
consent of the defense that adjourn
ment was taken.
The court proceedings occupied less
than five minutes and District Attor
ney Jerome retired at once to his OF
fice and began preparing his campaign
Of rebuttal testimony. Almost his first
move was TO have a subpoena served
upon Mrs. Evelyn Nesbit Thaw requir.
ing her to produce In court any letters
she may have In her possession writ.
ten by Stanford White. The district
attorney had Mae Mackenzie notified
to be In court Monday prepared 70 &C
upon the witness stand Miss Mac.
Kenzie has been under subpoena by the
state ever since the trial began. She
is the intimate friend of Thaws wife
and during the first stages of the trial
the two we're inseparable. Lately,
however, Miss Mackenzie has been
courts building.
1t Is said that Mr. Jerome has
summoned Mrs. j. ]. Caine, of Boston,
who already has testified for the de-
fense. Among the other known wit.
nesses for the state are Drs. Bnga-
man, OF Pittsburg, and DR.. Deemar, of
KIttanning, Pa, the Thaw and Copley
family physicians. The defense orig
inally summoned these physicians, but
Mr.. Jerome has stated that the doc
tors can give ve-y important testi.
mony which the defense has failed to
develop. The prosecutor has stated
in court that he will call as DIN expert
DR.. Allan McLane Hamilton, who at
first was In the employ of Thaw's at
torneys, but l1ft the case when Thaw
dismissed the firm of Back, Olcott,
Gruber & Bonynge, who were retained
in his behalf by his mothers legal ad-
visers. Drs. Austin Flint, Carlos Mac.
In the employ OF the state ever since
the Thaw trial bega:i and have at.
tended every aesslon They are pre-.
pared to testify at moments notice.
Just what District Attorney Jerome
intends to prove, or will be allowed to
prove on rebuttal, remains as deep a
mystery as ever. The prosecutor him.
self is probably at a loss to know how
far he can go In attacking Evelyn
Thaw's story and In adduclng evidence
tending to discredlt her. His plan of
campaign may be entirely changed at
any time by an adverse decision from
Justice Fitzgerald. Mr.. Delmas, for
the defense, undoubtedly will make
Mr.. Jerome's progress difficult by con.
tinued objections.
Mr. Jerome undoubtedly will again
summon Abraham Hummel, a lawyer,
to the stand to testify as TO the affl.
davit Evelyn Nesbit is alleged to have
signed, charging Thaw with cruelties
because she would not tell lies" about
Stanford White. The prosecutor at
tempted to Introduce this testimony
by interrupting young Mrs. Thaws
narrative. but the testimony was
barred at that time. Mr.. Jerome be-
neves that upon rebuttal Justice Fitz.
gerald will allow him a much wider
latitude than was granted on cross
examination.
Howard Nesbit was with the district
attorney yesterday and II Is said he
viii be called to testify that his sister
told him Thaw had treated her cruelty
while abroad In 1903, because she
again would not tell Hes about Stan
ford White"
. Mr.. Jerome hopes by the brother to
corroborate the TESTIMONY he expects
to elicit from Abraham Hummel, the
latter being under Indictment at the
present time for alleged subornation
of perjury in the Dodge-Morse divorce
tangle.
There were many rumors current
Friday OF a serious estrangement be-
tween the defendants family and his
wife, and of the reported desire of
the former to bring about a separa tion
Of the young couple In the event of a
verdict acqMttlng Thaw. Howard
Nesbit. brother of Mrs. Harry Thaw,
ID quoted as saying:r
THE countess OF Yarmouth has said
that she will not return to England un
tn her brotAsf and my sister have
heen separated tdld not know OF this
until my return from 'Pittsburg, last
Sunday. AS soon as ! arrived here ]
went to tho Hotel Lorraine to warn
my, sister, but Mr.. Delmas would not
let me see her alone"