The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-08
Mothers Testimony Being Con-
sidered Best Climax, Alien
lists viii Be Dispensed With
MAY MKENzIE MAY Be FIRST
WITNESS FOR STATE TODAY
Or Howard Nesbit Probably Will Be
Jerome's First Move Unless Ad-
4 journment Is Taken
Until Monday.

New York. March THE decision of
Harry Tbaws lawyers to close their case
tomorrow without calling any more wit
nesses, surprised no one more than it did
District Attorney Jerome. The district at
torney expecting that the session tomor-
row would be devoted to the examination
of more experts, devoted a good part of
today in preparing for them. When late
in the afternoon he received word that
tie defense had decided to rest its case,
he was more or less puzzled.
81 will not be able to tell what action
I will take tomorrow" he said, until
I hear in open court the words which
assure me that the case of the defense
has been finished. / am told now that
their plan is to close their case as it
stands, but their plans have been changed
so many times since the trial began, that
/ will not be sure of anything until L
hear the statement in open court
'In case the defense does rest tomor-
row, how long will the case last?' he was
asked.
1T seems to me that the evidence
should all be in by Wednesday," he re-
Piled Thereby giving the defense one day
for the closing address and allowing me
the same amount of time, the case should
go to the jury some time on Friday of
next week.
"Will you go to the jury with the case,
or will you ask for a commission in
lunacy?'
"On the evidence as it now stands, II
will certainly go to the jury" replied
the district attorney. IF there is moth
in.s between secie,.- and anyone who
wishes to attack it but a brain storm,
we had better go back to the, days of
the frontier and every man take out a
pistol permit
| New York March 7.-There was another
| quick turn of the cards in the trial Of
Harry X. Thaw late today when the de-
| Tense announced that it had concluded to
rest it's case. 1t was nearly o'clock when
Dolphin NJ. Delmas, chief of the Thaw
counsel, called District Attorney Jerome
| on the telephone and made the announce
ment.
most surprised man in New York, for it
had been understood when Justice Fitz-
gerald resumed the bench Friday morning
| at 1920, the Thaw attorneys would call
one or two alienists.
| Court will assemble tomorrow as
planned, but what will be done is a ques-
| ton much discussed tonight. Mr. Delmas
tl,nc ci, al
defense rests"
| 1t will then be the duty of the district
attorney to take up the rebuttal, but it
was generally rumored tonight that after
a brief session adjournment will be asked
and granted until Monday that Mr.. Je-
rome may mature his plans.
| Sudden Decision.
| The sudden decision of the defense came
after a conference of Thaw's lawyers in
Mr.. Delmas office late this afternoon.
| 1t is understood that Lawyers Daniel
| O'Reilly and Gleason were with Mr.. Del
mas during the discussion of the best
course to pursue. When an agreement was
reached Mr.. Delmas Immediately notified
the district attorney.
| Henry Clay McPicke associated with
Mr.. Delmas, later called at Mr.. Jeromes s
office, and it is believed handed the dis
| trict attorney a letter. He refused to
discus sthe situation.
| 1t is known that Mr.. Demas is busily
| at work on hypothetical question which
| will be propounded to the experts for the
| state. Mr.. Jeromes move In the morning
| is awaited with interest There are num-
erous witnesses that could be called in
rebuttal, including alienists for the state
l,dA t,.a t,f
the trial opened, studying Thaw. Howard
Nesbit brother of Mrs. Harry Thaw;
Miss May Mackenzie and others have
been on call daily, and may be sum
| moned In the morning. The general sup
position Is, however, that adjournment
| will be taken.
Delmas May Sum Up.
1t is understood tonight that the de-
fense will attempt to conclude its cross
examination speedily, dealing very brief
| ly with the aienists. How long Mr.. Je-
rome will take on -tbuttal is another
question of Importance. The case may
! close with this rebuttal, although the
defense has a chance for sur-rebuttal
One good authority it was said that
| Delmas would sum UP for Thaw. This,
too. has been a question under discussion.
| The close of the defense with the tes-
timony of Mrs William Thaw, mother of
the defendant, it was said at today's
conference that no better climax could
have been reached by the defense.
| Several of Thaw's attorneys visited him
| in the Tombs today and he was notified
| of this decision and concurred.
The question of a lunacy commission
! looks prominent still. Mr. Jerome may
ask for the appointment of such COM
mission at any time, and this may halt
proceedings.
Worst Over, Says Mrs. Thaw.
| $50 far as we women are concerned we
| consider the worst over said Mrs.
EVELYN Thaw today. I'VE are all great
| ly relieved that Harry's mothers testi-
mony has been given she continued.
/ ''The suspense of waiting To be called
bore very heavy on her, and all of us
| are happy 10 know it is over.
Mrs. Thaw called on her husband in
| the Tombs early today and announced her
intention OF remaining there as long as
the prison rules permitted. Mrs. William
Thaw. Mrs. George l.. Carnegie and the