New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-11
JEROME'S DAY, THIS.
CRUCIAL WEEK FOR THAW.
Prosecutor in RebuttGL Will Try to
Offset Wife's StOru.

Tie trial Of Harry x. Thaw will be resumed
to-day before Justice FitzGerald after an ad-
4ournment Of three days. With the opening OF
the rebuttal by District Attorney Jerome the
crucial week for the prisoner will begin. and
much IS expected 10 develop toward settling his
fate. That Mr. Jerome expects to make his
case almost entirely on the rebuttal is we'll
known. The prosecution its direct case
called only eight witnesses, and merely brought
out the facts Of the shooting. But on the rebuff
tai additional facts. all directed toward showing
that Thaw was sane the night of the shoot
ing. viii be given
II can be safely predicted that the prosecution
has done away with any idea Of requesting the
appointment Of commission in lunacy. Mr..
Jerome instead will conhne his efforts almost
entirely to showing that Thaw was sane when he
fred the two shots that proved fatal to Stan
ford White. To do this the scene Of the tragedy
viii be gone over again. Several police officials
viii be called 20 testify that Thaw at the West
SOth street station. after his arrest. appeared to
be sane. PatrolTnan Debes. who made the ar
rest, and first talked to Thaw, will again go
the stand. SeTgeants McCarty and McCann.
who were IN the station, will also be called Be
sides these men. the District Attorney will call
sl nine OF his alienists. They will be asked
hypothetical question, columns in length. which
will have for its answer either affirmative or
The District Attorney. II is known. will allow
the slienists 10 testify just as they fit. rot
IN accordance with the views OF the prosecution
Other points which the prosecution viii attempt
10 introduce to weaken the defence will be
the Hummel affidavit. the Identification and
placing IN evidence of the letters Thaw wrote
10 J. D Lyons. Of Pittsburg after the shoot
ing. and the letters that White wrote 10
Evelyn Nesbit. Mrs. Harry X. Thaw has
vH-frb e1llar Int
Il is doubtful whether she will produce the let
tiers desired. as she has already testified that
they in the possession Of Clifford W. Hart
ridge her counsel. It is also doubtful whether
Howard Nesbit, the young brother. viii be called
20 the stand If he is the defence's counsel
promise 10 give him severe gruelling as is
in their power.
In all probability the first witness to-day viii
be Miss May Mackenzie, the friend OF Mrs
Evelyn Thap. She knows much about the case.
and. While 4 friend of the defence. has been un-
der slbpcnna By the prosecution for weeks. Sho
will eyade, If possible. telling any thing about
the case detrimental TO the defendant.
Another witness who xii be called is a re-
porter on morning newspaper who knew Thaw
prior 80 the shooting and had a conversation
with him az the station house. This witness
was the first tell Of the note passed at
fhe cafe Martin. which in a way led up the
subpoena by the prosecution viii tell. If not
baked by the defence. a circlImstantiaI story Of
Mrs Evelyn Thaws acquaintance with Jack"
Barrymore. the actor. which. if proved. would
throw 2 different light on the charges made
against White.
Daniel O'ReilIy. Of counsel for the defence had
a long conference with Mrs. Evelyn Thaw yes
terday afternoon. II was learned afterward that
Mrs William Thaw VIII return 70 the courtroom
matndcr Of the trial Dolphin N. DelGas and
Henry c. McPke, two Of the counsel. remained
in New Jersey with Dr. Britton D. Evans yes
terday tut niu return IN tine for court to-day.
4 conservative estimate OF the length Of time
the trial viii last gives two weeks. at least.
Some assertions are MADE that Thaw will know
his fate ;us5 about the tine Of the anniversary
OF his marriage. which is April 4. The defence,
it is known. mas thirty witnesses under subpoena
Sc- the zu-rebuttal. but whether they viii all
be needed IS a question. If the prosecution
makes strong case on rebuttal then the de-
fence wil bring every effort 20 bear 10 break il
down. with the examination Of witnesses on
the direct and the cross-e1annation, TO say
nothing 4 nine aiienis;s stii! TO be examined,
The trial bids fair 10 occupy the attention Of
Justice FiizCerald for some weeks TO come.
District Attorney Jerome remained at his
home yesterday, oad was in conference with the
slionists v!.o we-e at his oflce on Saturday.
d. Austin G. Flint assisted him in his work.
and II is understood tho hypothetical question
was formed Assistant District Attorney Gar
van was at the Criminal Courts Building dur
ing the afternoon. and assisted the stenograph-
ers who made copies of"duestions, which were
later submitted TO Mr.. Jerome. Subpoena serY-
ers we're kept busy during the entire day and
made frequent trips 20 the Criminal Courts
Building a nd to Mr.. JeTonle's home.
shortly before O'clock last night, ii was
nolIDced at the home OF District Attorney
Jerome that he had finished for the present his
corsulta ticns with the numerous alienisis he has
been closeted with for the last TWO days. No
formal statement. however. could be obtained
from ANYBODY connected with the prosecution