The Washington herald., 1907-02-06

New York. Feb. 5-Serious trouble
broke out in the ranks of Harry X
Thaw's counsel to-day. ana late tonight
it was still uncertain Just who would be
in charge Of his defense when court
reopens tomorrow morning in the trial
for the murder of Stanford White
II had been generally understood on
Monday night that as soon as the de-
Tense began TO put in its testimony (to-
day) Dolphin NJ Delmas would take COM
mand OF things for the Thaw side, and
from that time on be practically the domi-
mating influence among counsel for the
defense Yet when the first witness was
put on the stand. il was JChn 3. Gleason
who examined him, and all day long Mr.
Delnaas and the other four lawyers sat
at their table without contributing a word
10 the proceedings.
Even then there might have been no
open rupture had not DR. Charles J.
Wiley, of Pittsburg. proved to be anything
but helpful witness for the defense
Dr- Wiley took the stand at 1915. and
with an hour off for luncheon. he stayed
there four hours. during most of which
time District Attorney Jerome was sub
jecting him to Il gruelling. such as few.
II any, expert witnesses have ever ex-
perienced.
jerome Works Sweet VIII,
At the morning session NIr. Gleason
made occasional efforts TO protect his
witness from the savage onslaught Of
Alr- Jerome. but for two solid hours in
the afternoon the district attorney worked
his own sweet viii upon Dr. Wiley As
the afternoon heightened it was plain
that the Thaw lawyers were taking slight
interest in the case. They sat. gloomy
and silent, while the district attorney put
the witness through an exhaustive and
eXhausting course in neurology.
When ii was over. Mr.. Gleason went
out alone. Then the report got around
that counsel for the defense had had a
disagreement. None of them would say
much about it. but il was plain that they
were much disturbed, and that they be
lieved that a serious error had been made
1n Offering DR.. Wiley as an expert witness. /
He should never had been put on the
stand said Mr.. Delmas. More than that
he would not say. but another of Thaw's
ts
not placed i'm charge of the defense il was
more than likely that an the Thaw law
yeTs would quite expecting Mr.. Gleason.
Lawyers Hold Conference.
Early in the evening conference was
held at the office OF Mr DeImas at 10
Broadway. al six Of Thaws counsel
were present-Mr Hartridge. Mr. Gleason.
Mr. Delmas, Mr.. McPike, Mr.. O'ReiIly. /
and Mr.. Peabody. When the meeting was
over Mr.. HaTTidge went away witg Mr.. |
O'Reilly. Mir. Gleason followed by him /
self Mr.. McPike was asked if it was
true that some of the Thaw lawyers were
not in sympathy with Mr. Gleason's /
handling of the case, and that they were /
especially displeased at the introduction /
oe Dr. Wiley as a witness He replied.
''That last is true enough; but you'll
have to wait and see how things look /
when court opens tomorrow. We have /
had conference. and that is all / can /
say"
1t was stated later by one of Thaw's /
lawyers that if Mr.. Delmas examines the 1
witnesses tomorrow it viii mean that he /
is in full command of the defense. If
Gleason examines them, said this lawyer.
quit the case entirely. Whether Mir. Glea-
son would remain with the defense il Mr..
Delmas takes charge this lawyer would
not say. He did say. however that he
had expected to see Mr.. Delmas in charge
to-day, and was vastly surprised to find
that Mr.. Gleason was running things.
Due to Tbavy's Wishes.
Mr.. Gleason said later in the evening
that all OF the counsel that have preyi-
ously appeared for Thaw would be in
court tomorrow morning More than that
he would not say. Mr.. McPike saw Thaw
in the Tombs after court adjourned this
afternoon, and had a talk with him. 1t
was the general understanding that Mr..
GIeason's continuance at the head of
the defense's forces was due to Thaw's
wishes
IN addition 10 Dr. Wiley. the defense
produced four other witnesses. Dr. John
j. Bilgamon. Of Pittsburg the Thaw
family physician, testified that Harry
Thaw had been an extremely nervous
child, slept badly, and once had StNitus
dance. The other witnesses were called
10 prove insanity in Thaw's family, and
were prevented from giving material tes-
timOny. the court temporarily ruling that
the insanity referred to existed in
branches OF the family too remote and
not Of common stock. N
jerome Flags Expert.
After adjournment the talk was an Of
the district attorneys exceptionally
searching and pitiless cross-examination
Of Dr. Wiley. The latter after testifying
that he was an expert and being qualified
as one by Nr. Gleason, was driven into
declaring that he had been converted into
one in the witness stand against his will
lie had narrowing time of it on the ,
witness stand. got led into several ap- q
parent contradictions. often hesitated a
.uu minute before answering Mr.. Jerome's
luestions and frequently acknowledged
his ignorance Of medical and neurological I
conditions Of which the district attorney {
appeared perfectly informed.
The difficulties of the expert witness T
nave often been illuminated in the New [
York courts but scarcely ever in so fierce
4 light as beat upon the witness stand
where Dr. Wiley spent four highly un-
comfortable hours to-day. Y
In view of the apparent confusion OF the {
lefense. nobody had any idea tonight y
ust when Mrs. Thaw and Evelyn Nesbit Il
rhaw viii take the stand.
II was a bad day for Thaw. Those who
leard the examination could not help bat
CONTINUED on THIRD PAGE.