Waterbury evening Democrat., 1907-02-12
BATTLE IS ON
Jerome and DeImas Are Fighting
 Every Inch in Thaw Case.

New York, Feb 12.-The real legal battle in the Thaw case has begun District Attorney Jerome and Attor- ney Delmas, for the defense, have found their gait and from now on it is expected the legal battle will be fought to the last ditch.
 In this legal battle MT Jerome would seem to have 8 shade the bet ter of it for he is entirely familiar with all the details of practice under the New York law, while MT Delmas will have to depend very largely on his associates for advice as to the technical part of the fight.
 The fight to keep out the testimony which would tend to show that Thaw was insane when he shot Stanford White, which was begun yesterday, will be continued to-day. Dr B. D. Evans, who is in charge of the hos pital for the insane at Morris Plains, N. J., will be the first witness called by the defense. Whether he will meet better fate than did Dr Charles c. Wagner of the state in- sane hospital at Binghamton, N. Y., yesterday, remains to be seen. Dr Wagner succeeded in answering Mir Delmas's hypothetical question, but he was unable to get into the record his impressions of Thaw based on six visits to him in the Tombs and vari- ous personal and physical examina- tions. Dr Evans accompanied Dr Wagner on all these visits and assist ed in the examinations. Unless Dr Evans can make himself more defi- nite in his statements than did Dr Wagner there is little doubt that the court. following its rulings of yes terday, will keep out the greater part of his testimony. The alienists who examined Thaw based large part of their examinations on Thaws own statements regarding himself and on the personal and family history of the case. Under the law, as inter- preted by Justice Fitzgerald, Dr Wagner was not allowed to testify to anything but his observations, and when he said that he based his opin- ion as to Thaw's mental condition largely on Thaw's own statements and the history of the case, Mir Del mas was forced to withdraw the ques- tion, the answer to which would doubtless have been that the alienist considered Thaw insane when he fired the fatal shot
 Whether the answers of the alien ists to the hypothetical questions will be considered prima facie proof that Thaws mind was unbalanced at the time of the homicide and will there fore open the way for the introduc- tion of the cumulative evidence which Evelyn Nesbit Thaw, May Nc Kenzie and perhaps several others are ready to give. is question that cannot be answered until the time comes when the court will pass on it.
 If this evidence is allowed to come into the case there may be more sen sations, but with the exception of what may possibly develop from this testimony it is probable that the sen sational features of the trial are fin- ished. The prosecutions inability, under the law, to go into the truth or falsity of Evelyn Nesbit Thaw's story makes it certain that there will be comparatively little in the rebuttal that will be at all startling. It seems now that the rest of the trial will be largely technical and detailed testi- mony.
 Counsel for Thaw unexpectedly an- nounced last night that it will take about two days more to put in the direct case for the defense. This, of course, does not take into considera- tion the cross-examination of Thaw's witnesses by Mir Jerome, but 1t indi- cates plainly that Thaw will not go on the stand.
 What $ regarded as an important document in connection with the trial was. it is understood. obtained yes terday by District Attorney Jerome from Abraham Hummel.
 This document is a photographic copy of the statement which Evelyn Nesbit Thaw testified Lawyer Hum mel dictated when she went to his office with Stanford White. The original copy, 1t is stated. was de- stroyed, probably at the time young MrS lndW says sne went to nummei office in search of paper which she had signed. In the statement are charges that Thaw i'll treated her and even beat her. it is understood. There is some talk that Hummel may be put on the stand as a witness in re- buttal. but it is more likely that MT Jerome is preparing for his cross examination of the young woman.
 Mir Jerome and Mir Hummel met in a restaurant yesterday and a brief conference followed, during which MT Jerome made number of notes in little book.
 Although to-day is Lincoln's birth day it was decided to hold court. It is also Harry Thaw's birthday. He is 36 years old, having been born in