, 1907-11-25

New York, Nov. 25.-The second
trial of Harry Kendall Thaw, set for
o week f;om today. will again be post,
poned, and there is small chance that
it will be called until well along in
January. The postponement has been
agreed to by both sides, owing to the
nearness of the holidays. 1t is rumor,
ed that the attorneys representing
Thaw may apply for a change of venus.
Same Confidence of Acquittal.
Thaw, in his cell in the famous old
Tombs prison, which he has occupied
since the night of the tragedy on Mad,
o square roof garden, June 25, 1906
Is planning for his second trial with
the same confidence of acquittal that
he prepared for the first ordeal. He
daily advises with his counsel, chafes
at the delays already encountered in
getting his story before q second jurJ
and is impatient for his days in court
to begin.
First Trial Lasted Long Time.
1t is nearly a year since the first trial
was begun. 1t covered a period OIL
twelve weeks and after two days and
two nights OF deliberation the jury
could not agree. Seven of the twelve
men who heard the dramatic recital Of
Evelyn Nesbit Thaw-a story of alleg.
ed wrongful treatment at the hands OF
the noted architect; a story that was
flashed by telegraph and cable to every
part Of the civilized world and read
as one of the most remarkable utter
ances ever heard in a court room-fail
ed to believe that her confession &c
her husband justified him three yeara
later in taking the life of the man
charged with the ruin OF his chorus,
girl wife. They voted for guilty of muir
der in the firse degree.
Five Ready to Acquit.
Five Of the jurors, on the other
hand, were ready to acquit, most OF
them believing that Thaw's mind had
been so upset over the story of the
girls downfall that he was bereft OF
reason and was entitled to that provis.
ion of the law which excuses a person
so insane as not to know the nature
or quality of his act and not to know
that the act Is wrong. At the police
station the night of the tragedy and
afterward in the city prison, Harry
Thaw commended he was acting as al
agent of Providence in sending Stan
ford White to his grave.
Case Of Legal Insanity.
Great interest centers in the courso
Of the defense at the coming trial. l,
is generally believed that, despite any
ideas of justification which Thaw may
entertain, his present lawyers will con,
fine themselves to making out a case
of legal insanity. This may be "emo
%tional," Or hereditary, both of thes.
phases of the matter having been gone
into at the first trial. Six or sever
alienists took the stand at that hearing
and testified that Thaw had been driy
en- insane by the story told him when
he and the girl, who was to become
his wife, were stopping together il
Paris.
Called 1t B~rainstorm.
DR.. Britton D. Evans, superintendent
of the New Jersey state hospital fol
the insane, made a worldwide stir BY
expressing Thaw's condition of mind
the night of the tragedy as a brain
storm" The dark clouds had been
gathering for a ear or more, he de
clare6, and when Thaw saw White
"glowering" at him on the roof gar
den, at the first night of a summer
extravaganza known as Mile. Cham,
pagne," the storm broke and Thaw
fired.
Was Medically Insane.
District Attorney Jerome combatte.
this plea with the testimony of sever
experts, all Of whom declared that
Thaw's insanity was not such as tc
deprive him ct knowledge as to the
wrongful nature of his act. Notwith
standing this, however, they agreed
with District Attorney Jerome thai
Thaw was medically insane not only
at the time of the shooting but through
out the trial, during which, they de
clared, lie was unable in~telligently t.