Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-04-13
THAN WILL ASK
RELEASE ON Bail
Second Trial Can't Be Reached
For Many Months and Pris-
oner Wants Release
JEROME WILL RESIST BAIL
Jurymen Almost Como to Blows Dur
ing Efforts to Reach a Verdict =
Young Nesbit Writes Letter to Thaw
Declaring His Allegiance to His
cause-A. 3. Thaw interviewed.

cause-A. 3. Thaw Interviewed.
New York. April 1s.-Absolute mac
ton in the Thaw case today followed
the intense strain and feverish inter-
est of the many weeks that the trial
was under way. None of the lawyers
in the proceedings was at his offlce
during the early hours of the morning,
all Of them having been completely ex-
hausted by the long wait for the jury
to bring in its report.
There was some confusion also, to-
day. as to just what attorneys will do
the talking for the Thaw side in the
future.
Harry Thaw spent restless night
in the Tombs, but according to the
attendants, slept three or four hours
in. the course Of the might. He was
up early, and after breakfast spent
considerable time looking thru news
paper. The reporters were one hand
early and sent up a note to him. only
to receive the reply that he had moth
ing to say just at this time" To the
question asking what lawyer they
should see to obtain information re-
garding the second trial, he replied
he did not care to say until he had
consulted with his family.
The first question to be decided by
the Thaw side is that of applying for
the release Of Thaw on bail. District
Attorney Jerome has said a second
trial can hardly be reached before Oc-
tober or November and it will be urged
that 1t will be great hardship to keep
Thaw in prison during the many
months Of waiting, when his family
stands ready to furnish surety in an
ample sum to insure his presence
whenever the second trial is to be
called. If this application is made,
however. it will be strongly opposed
by Jerome, who holds the prisoners
wealth should make no difference in
the treatment to be accorded him, and
that he should remain in the Tombs
Just as any other person.
Will Also Oppose Change Of Venue.
The district attorney feels that he
would not be warranted as public Of
ficer in taking any more lenient an at
titude, in view of the fact that seven
men Of what is generally regarded as a
very high class jury looked upon Thaw
as sane. and believed that his act was
one of deliberation and generalization.
jerome will also oppose any motion
by the defense for the removal of the
case to another county.
VARIOUS rumors were in circulation
last night and today that there was to
be new alignment of counsel for Thaw,
and that there might be re-engage-
,nent of Former Judge w. H. K. Oh
colt, who was originally retained, and
who withdrew rather than agree to
submit any defense except that of in
sanity.
DeImas TO Be Retained.
Dolphin M. Delmas, however, denied
that he had withdrawn from the case,
or had been superseded. He was the
first caller Thaw had at the Tombs to-
day.
II want to say to the newspaper
men" said he, that I am still Thaw s
counsel. I am going to see him now,
and may have statement to make
later"
Delmas declined to say whether
Thaw had summoned him, or if he had,
come at the request OF Mrs. William
Thaw.
Mrs. Evelyn Thaw reached the
Tombs while Lawyer Delmas was there
in consultation with her husband. The
three talked together for more than half
an hour, then Delmas left the build
ing. To a crowd of newspaper men
the attorney said:
you may quote me to the effect that
everything is status quo.'
Mrs Thaw looked very pale and
worn. Others members of the ThaW
family remained closely in their rooms,
denying themselves to callers.
EVELYN Leaves Prison Weeping.
Mrs Evelyn Nesbit Thaw broke
down completely while she was taking
leave of her husband. They were
standing before the door of Thaw's cell
talking. when the young woman buried
her face in her hands and began to
sob. Thaw tried to comfort her, but
she could not control her emotion She
was still weeping when she left the
prison. Asked if it was true that she
is going out of the city for time to re-
cover from the effects of the long
strain. NO. she replied. "it is not true,
I'm going to stay right in the city
where I belong, SO as to be near my
husband, From the Tombs Mrs.
Thaw went directly to the hotel where
she and her husbands family have
been staying for several months
Jurors Almost Come to Blows.
Further details Of the incidents
which occurred during the long session
of the jurors. continued to filter their
way into publicity today. One OF the
Jurors is quoted as saying that when
.ha Jury was returning 10 the criminal