The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-09
When Defense i'm ThaW Trial
Rests District Attorney Sc
cures Adjournment.
WIFE OF DEFENDANT
SUBP0ENAED BY STATE
Will Be Asked to Produce Any
Letters She Holds Written
by White.

NEW YORK, March s,-The defense
in the Thaw case vested today imme-
diately after the converting of court
and an adjournment was ordered until
Monday morning. District Attorney
Jerome said that while he had been
Informally notified yesterday of the
changed plans of the defense he had
come 10 court today expecting to be
confronted by additional expert testi-
mony. His witnesses were not ready,
he added 1t was npon tins represen-
tation and with the consent of the de-
fensc that the adjournment was taken,
The court proceedings occupied less
than five minutes, and Mr.. Jerome re-
turned Mt once to his office to prepare
his rebuttal testimony. Almost his
Nesbit Thaw to produce IN court any
letters she may have, written by Stan
ford White.
The District Attorney also had May
Mackenzie notified to be In court Mon
day, prepared TO 60 upon the witness
stand. Miss Mackenzie had been un
der subpoena by the State ever since
the trial began. She is the intimate
friend of Thaw's wife, and during the
first stages of the trial the two were
lnseparable. Lately, however Miss
Mackenzie has been seen but seldom
about the court. There is no intima-
ton that the young women have quar-
relied. Miss Mackenzie probably found
her position rather trying, sitting day
after day in the witness room with the
Thaw family, it is also said that Mr.
Jerome has summoned Mrs. J. J. Caine
of Boston, who already has testified for
the defense.
Other Witnesses for State.
Among the other known witnesses for
the State are DR.. Bingaman of Pitts
burg and DR., Deemer of Kittanning,
Pa, the Thaw and Copely family physi-
clans. The defense originally sum
moned these physicians, but Mr. Jerome
has stated that the doctors can give
important testimony which the defense
has failed to develop
The prosecutor has stated that he will
call DR., Allan McLane Hamilton. who
at first was in the employ of Thaw IS
attorneys, but left the case when Thaw
dismissed Black, Olcott, Gruber & Bo.
nynge, who were retained in his behalf
by. his mothers legal advisers. Drs.
Flint, Carlos Macdonald and William
Mahon have been IN the employ of the
State ever since the Thaw trial began
and have attended every session They
are prepared to testify at a moment IS
notice.
ouob "HdI blSlTlCI Attorney Jerome
intends TO prove or will be allowed to
prove on rebuttal remains mystery,
The prosecutor himself is probably at A
loss TO know how far he can 90 in at
tacking Evelyn Thaw's story and in
adducing evidence tending to contradict
and dlscredit her His campaign may
be changed at any time by an adverse
decision from Justice Fitzgerald.
Delmas Stumbling Block.
Mr.. Delmas, for the defense, undoubt-
edly will make Mr.. Jerome IS progress
difficult by continued objections The
rules of evidence invoked in the Thaw
case differ materially from those in any
recent murder trial in this jurisdiction,
and it has been evident from the first
that the attorneys have been feeling
their way cautiously.
District Attorney Jerome undoubt-
edly will again summon Abraham Hum
mel, the lawyer, to the stand to testify
as to the affidavit Evelyn Nesbit is al
legged to have signed, charging Thaw
with cruelties because she 'fwould not
tell lles' about Stanford White The
prosecutor attempted TO introduce this
testimony by interrupting young Mrs
Thaw's narrative, but the testimony
was barred at that time. Mr.. Jerome
believes that upon rebuttal Justice FitZ.
gerald will allow him wider latitude
Howard Nesbit was with the District
Attorney today. and it is said he will
be called TO testify that his sister told
him Thaw had treated her cruelty while
abroad in 1908 because she "would not
tell lies about Stanford White -
Mr.. Jerome hopes by the brother to
corroborate the testimony he expects
to elicit from Abraham Hummel The
latter is under Indictment for alleged
subornation of perjury in the Dodge
Morse divorce tangle.
Will Go to Jury Soon.
With these witnesses and many others
under subpoena, Mr. Jerome adhered
to his prediction of last night that the
case might be given TO the Jury by
Friday, When asked today how many
witnesses he would call, Mr., Jerome re
piled smilingly:
The minimum Is zero and the max
lmum 25; 1T may be either
He would not modify what he said
yesterday that in the present state Of
evidence he would assuredly let the case
go To the jury and not ask for a com
mission. The determination on the dis |
trict attorneys part pleases Tbaw' |
lawyers and the defendant himself, who |
all along has feared the asylum for
the criminal insane far more than a
verdict as to his guilt or innocence un-
der the statutes
Despite Mr.. Jerome's hope for ter |
of the long drawn out case
within the next week, few of those who |
have kept track of the trial are willing |
to hazard prediction that the end is |
less than two weeks away.
Before leaving for his home in Pitts
burg today, DR.. c. C.. Wiley, the first |
alenists put on the stand by the de. |
fense, gave out a letter from D. NJ. Del !
mas, Thaw S chief counsel. The letter
after stating that the expert testimony
given by Dr. Wiley had "been fully |