The news-democrat. (Providence, R.I.) 1906-1909, 1907-11-25

New York, Nov. 25.-Harry Kendall
Thaw is doomed TO another disappoint-
ment.
His second trial for the killing OF STAN
ford White, set for one week from today
will not begin until some time after the
holidays, at the earliest.
There are rumors that Thaws attorneys
may apply for a change OF venue, on the
ground that a fair trial for their client in
New York county Is impossible, because
OF the alleged unfriendly attitude OF many
of the local papers and the extent to
which the evidence has been printed and
read I'm this community.
District Attorney Jerome would strenu-
ously oppose any effort In this direction.
The decision TO ask for a postponement
OF the trial has been agreed to by both
sides This course was due partly to the
fact that the task of selecting jury
would be doubly hard during the approach
of the holidays owing to the prospect be-
fore the talesmen Of spending both Christ
mas and New Years day locked up under
the care OF court bailiffs.
Thaw's counsel have applied to the
court for permission to inspect the secret
evidence taken before the lunacy commits
sion during the first trial, and this, also,
has been a cause of delay.
Thaw, I'm his cell I'm the famous old
Tombs prison. which he has occupied
since the night of the tragedy on the Mad
ison Square roof garden June 25. 1906. is
planning for his second trial with the
same confidence OF acquittal that he pre-
pared for the first ordeal. He daily ad-
vises with his counsel, chafes at the de-
lays already encountered in getting his
story before a second jury and is impa-
tient for his days in court to begin.
1t is nearly a year since the first trial
was begun. 1t covered a period OF IL
weeks, and after two days and two nights
of delberation the jury could not agree.
Seven of the IL men who heard the dra-
matte recital of Evelyn Nesbit Thaw-a
story of alleged wrongful treatment at the
hands OF the noted architect, a 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 I'm a court room--failed to be-
| lieve that her confession to her husband
| justified him three years later in taking
/ the life OF the man accused by his chorus
girl wife. They voted for guilty OF muir
der in the first degree.
| Five of the jurors. on the other hand.
! were ready to acauit, most Of them be-
! lieving that Thaw's mind had been so
| upset over the story OF the girls down
\ tall tnat ne was pere1t OF reason ana was
I entitled TO 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
District Attorney Jerome and Francis
| L. Garvan, his first assistant, again will
| have charge OF the prosecution but Thaw
has made an important change Of attor.
/ neys. Replacing Mr. Delmas as chiei
, counsel win be Martin W. Littleton OF
| Brooklyn. Mr.. Littleton Is known as Q
capable lawyer and brilliant orator.
At the Democratic national convention
OF 1904 IL was he who nominated Altor
Is. Parker for the presidency.
Just who will be associated with Mr.
Littleton may not be definitely known
until the day the trial begins. At pres
ent Daniel O'Rei1ly and A. Russell Pea
body are the only members OF the for.
mer array OF counsel credited with beinf
In Thaw's service.
There is much speculation as TO whether
or not Evelyn Nesblt Thaw, the school,
girl-llke figure about which the storm