Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-04-16
TAAW WILL MAKE SANE PLEA
Second Defense Of the SLAYER Of Stanford
White Will Be Insanity,
STORY OF FRICTION WITH DtlMAs
Defendant sEid 20 Have objected
to Effort 60 Prove Him In
sane Rt Time of
Shooting.

NEW YORK. April Eff 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, but her testimony will
be greatly strengthened by documentary
evidence that was not used before"
This is the statement credited to Lawyer
Dan oReilly of Harry X. Thaws counsel
tonight.
1t has been reported that OReilly would
be chief of the defense when the trial is
called again, but this report was not con-
firmed today. and It was even stated semi
officially that none OF the lawyers who Of
1ciated at the last trial had been dis
pensed with by Thaw. on the other hand,
Il was said that several OF them had been
paid the stipulated fee, and, while there
would not be q formal announcement Of
their dismissal by Thaw, they would not
reappear in the case.
As to Mr.. O'Reilly's reference TO docu-
mentary evidence It was said tonight he
referred to letters written TO Evelyn Nesbit
by Stanford White.
Friction with DeImaa.
Dolphin Nj. Delmas, who led the fight at
the recent trial, has, it is stated, severed
his connection with the case. In this con-
neotion a story Of the remarkable proceed
ing Of Thaw at a critical period Of his
trial is published today. The story recites
that when the trial was resumed after the
report of the lunacy commission, Mr.. Del
mas called DR.. Hamilton to the stand to
have him testify as to Thaw's mental con-
dition when the murder was committed
He was just about to question him when
he received a note from Thaw, which
read:
L.. che - ~
case"
Deimas. surprised, secured the courts
permission to confer with his client. the
story states. and when he asked Thaw
what he meant, Thaw is said to have re-
plied
'It means just what It says. You are not
going to make those men testify that 1 am
insane. I am sane. and you know 1t. You
are no longer in charge Of my case"
Mr.. Delmas then asked Thaw for per-
mission 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 counsel in his own case, Mr.. Del
mas asked him what he wished done.
O'ReiIIy In Charge.
IT want you to take Or Hamilton of
the stand and begin to sum up before the
jury" was the reply.
Delmas attempted to reason with Thaw,
but he was immovabe, and thereupon an
nounced that the defendant rested his case
and DR.. Hamilton was excused without
testifying.
Daniel o'Reilly makes the announcement
that he is now counsel OF record for Thaw
and vii be in active charge of the case
hereafter. He was appointed to that posi-
ton a couple Of weeks ago. he says, sue
ceeding Clifford w. Hartridge. Thaw ap-
pointed OReilly the day Mr. Hartridge
started to cross-examine DR.. Mabon, Mr.
O'Reilly says, and tried to frame a hypo-
thetical question which the Judge ruled
out
Mr.. O'Reilly is authority for the state
ment that he is the only one Of the ive
lawyers Thaw has re-engaged, but ne saws
that Thaw is fond of lawyer Peabody
and that he will be retained. Delmas
and Gleason, according to Mr. o'Reilly
are out 'or good Lawyer o'ReiIiy will
move within week to have Thaw released
on bail and says he expects to succeed.
Statement Expected.
The question Of counsel for Harry X.
Thaw is expected 10 be settled finally to-
day. Since the conclusion of the trial IT
has been generally believed that Delpbln
M. Delmas who conducted it, has termi-
mated his connection with the case.
Mr.. Peabody made his usual daily call on
the prisoner today. On leaving the prison
he said that a statement probably will be
given out late today announcing changes in
counsel. The statement will be prepared
after a conference between Thaw, his wife
Mr.. Peabody and Daniel O'ReilIy.
Thaw today received a handsome cane
made out OF layers of various kinds of
skins, highly polished and with a silver
handle mounted with pearl. It was sent to
the prisoner by F. r. Moore OF Yuma,
Ariz. The package in which the cane was
wrapped bore an inscription reading:
I'VE all vote for acquittal.
"WELLS-FARGO BOYS"
Daniel O'Reilly denied later that Thaw
will have anything to say today about the
proposed change in his counsel Mr..
O'Reilly after leaving Thaw served notice
on the clerk of the supreme court not to
deliver any OF the exhibits in the Thaw
case TO any one claiming to ba Thavvss q