Greene County herald. (Leakesville, Miss.) 1898-current, 1908-01-03
THAW'S1SECOND TRIAL
Celebrated Case win Soon Come
Up Again.
UNWRITTEN LAW is BARRED
That Plea WIN Not Be Mentioned,
II 10 said-Evelyn NesbIt Thaw Will
Again Go on Witness Stand and Re-
late Her Story.

New York, Dec. 3O.-One week
from Monday Harry X. Thaw will be
called a second time before a Jury to
make his defense to the charge Of hav-
ing murdered Stanford White. There
nave been several postponements OF
the date of the second hearing of this
noted case, but 1t is said now there
will be no further delay.
1t is announced that Mrs. William
Thaw, mother Of the defendant, ID
expected to be In the city by next Sat
urday. Other members Of the fami-
" circle, including Mrs. George Car
neg:e, Harry Thaw's sister, and Jo-
@siah and Edward Thaw, his brothers,
are also expected to reach the city
during the week. The countess OF
Yarmouth, the defendants sister, is
at present in England, and is not
expected to attend the second trial.
Mrs. Dvelyn Nesbit Thaw, who has
been daily visitor at the Tombs ever
since the first Thaw jury disagreed,
will, of course, be one Of the first
arrivals In the court room on Monday
next.
~ Plans for the Defense.
There have been many rumors as
to the plans of the defense for the
second hearing Of the case, and IL has
been predicted that an entirely new
line of action might be followed. 1t
can be authoritativeiy stated, how
ever, that the defense will again be
the same, that Evelyn Nesbit Thaw
will again relate her story to the jury,
and that an imposing array OF expert
alienists will again undertake to es-
tablish the theory that Thaw was in
sane at the time he killed Stanford
White in the Madison Square roof gar
den. but has so far recovered his men,
tai balance since that time as to be
no longer a menace to the community
and therefore is entitled to freedom.
This theory was expounded at
length during the first trial, but after
the taking of much expert testimony
and after lunacy commission had de-
cfared Thaw sane at the present time.
the plea of temporary insanity was
practically abandoned in the summing
up speech of Dolphin NJ. Delmas, the
California attorney, who made an al
most direct appeal to the so-called
'unwritten law"
No Mention Of UnwrItten Law.
In the coming trial, it Is declared
there will be no mention made Of a
higher or unwritten law, but the de-
tense will adhere strictly to a plea Of
legal insanity at the time the act was
committed. There were mistakes made
at the first trial which 1t will be the
attempt of Thaw's attorneys studious-
ly to avoid during his second hearing.
In the expert testimony, for instance,
they have been able to separate the
wheat from the chan and will only Of
fer that which proved most effective
before, and having once felt the sting
of District Attorney Jerome's stillful
cross-examination on all phases OF dis
eases affecting the brain, several Of
the Thaw experts will be In much
more secure position than they were
ct the first trial when the prosecuting
officers wonderful knowledge OF med
icine facility amazed, and In one case,
completely dumbfounded witness.
Thaw IL looking forward anxiously
TO the beginning CT his new fight, He
feels that all chance OF further delay
is passed and will enter the court
room with the same confidence Of &C,
quittal which has marked his attitude
from the first. II has been definite.
ly decided that the jury will be locked
up throughout the trial., ,