Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1907-11-26
SECOND HEARING OF FAMOUS
CASE SET FOR NEXT WEEK BUT
BOTH SIDES WILL ASK FOR
CONTINUANCE.
THE DEFENSE MAY ASK
FOR CHANGE OF VENUE
COUNSEL FOR THE DEFENDANT
WILL PROBABLY MAKE INsAN-
lTY MAIN DEFENSE IN COMING
TRIAL.

New York, Nov. 25.-The second
trial of Harry X. Thaw set for Decem-
Der 8, will be again postponed and
there is little chance that it will be
called until late in January. The de-
cision to ask for postponement has
been agreed upon by both sides.
Thaw's counsel has applied to the
court for permission to inspect the Sc
cret evidence presented before the
lunacy commission during the pro-
gress of the first trial. There is .
rumor that Thaw's counsel may apply
for a change of venue.
Thaw, in his cell in the famous old
Tombs prison, which he has occupied
since the night of the tragedy on
Madison Square Roof Garden June
25, 1906, is planning for his second
trial with the sure confidence Of ac-
quittal that he prepared for the first
ordeal. He daily advises his counsel,
chafes at the delays already enoount-
cred in getting his story before Il
second jury and is impatient for his
days in court to begin.
1t is nearly a year since the first
trial begun 1t covered period of
twelve weeks and after two days and
two nights of deliberation the jury
could not agree. Seven of the twelve
men who heard the dramatic recital
of Evelyn Nesbit Thaw-a story Of
alleged wrongful treatment at the
hands Of the noted architect; story
that was flashed by telegraph and
cable to every part of the civilized
world and read as one Of the most
remarkable utterances ever heard in 9
court room-failed to believe that her
confession to her husband Justified
him three years later In taking the
life of the man charged with the
ruin of lis chourus-girl wife. They
voted for guilty Of murder in the
first degree. Five of the jurors, on
the other hand, we're ready to acqult
most CT them believing that Thaw's
MIND had been SO upset over the
story of the girls downfall that he
was bereft of reason and was entitl-
ed tc that provision of the law which
excuses a person so insane as not to
know the nature Or quality of his act
and not to know that the act is wrong.
At the police station the night of the
tragedy and afterward in the city
prison Harry Thaw contended he was
7 acting as an agent of Providence in
sending Stanford White to his grave
Great Interest in Defense.
Great interest centers in the course
is generally believed that despite any
ideas of justification which Thaw
may have, MS present lawyers will
ccnfine themselves to making out 4
case of legal insanity. This may be
emotional or hereditary both II
these phases of the matter having
been gone into at the first trial. Six
or seven alieniSts took the stand ai
that hearing and testified that ThaW
had been driven insane by the story
told him when he and the girl who
was to become his wife were stopping
together in Paris. Dr.. Britton D
Evans, superintendent of the New Jer
!. sey state hospital for the insane
made a worldwide stir by expressing
-Thaw's condition of mind the night oil
the tragedy as 'brainstorm.' This
dark clouds had been gathering for {
year or more. he declared, and wher
Thaw saw White "glowering" at hin
on the rocf garden, at the first might
of summer extravaganza known as
Mile. Champagne" the storm broke
and Thaw fired
District Attorney Jerome combat sc
this plea with the testimony of sever
experts, all of whom declared that
Thaw's insanity was not such as tc
deprive him Of knowledge as to the
wrongful nature of his act Notwith
standing this. however, they agreed
with District Attorney Jerome tn
Thaw was medically insane not onl.
at the time of the shooting, hu
throughout the trial, during which
they declared. he was unable intelli
gently to advise with counsel or tt
appreciate the character of the pro
eeedings against him.
The trial was interrupted. it will b.
remembered, by the appointment of ;
commission at Mr.. Jerome's sugges
tion to inquire into Thaw's menta
condition. The commission agreet
unanin 5usly that Thaw was able Il
advise intelligently with counsel an
to understand all of the proceeding
in court They examined the youll,
millionaire both mentally and physi
caIly and he came cut of the test
with flying colors. This tended Z
hear out- the theory of the defens'
that Thaw had suffered from a "braia
storm" and that his condition ha'