Evening star., 1908-01-28
END OF THAW CASE
ONLY HOURS AWAY
Much Less Time Consumed
Than in Former Trial.
ALL TESTIMONY FINISHED
State Makes Short Work of It's Re-
buttal.
HELD A SESSION LAST NIGHT
Justice Bowling Is Rushing Matters
as Much as Fair Play
Will Allow.
Held A SESSION LAST NIGHT

The 1haw case progressed to-
day TO within a few hours Of its
close. BY the time the noon re-
cess was taken the state had prac-
tlcally concluded its case in rebut-
tai. and the defense had only few
witnesses to call in surrebuttal.
The summing up of the attorneys
will begin tomorrow. District At
torncy Jerome caused distinct sur
prise by announcing that he would
call no expert witnesses TO rebut
the testimony of the alienists intro
duced by the defense. 1t was said
he would reply upon arguing that
competent case of legal insanity
had not been made out.
Special Dispatch to The Star.
NEW YORK. January 2s-With tho
reading of the testimony OF Abe Hummel.
the lawyer now in the penitentiary. the
trial of Harry X. Thaw was practically
concluded this afternoon so far as the
taking Of testimony was concerned Fol-
lowing a conference held by District At
torney Jerome. Martin ". Littleton or
Tnaw's counsel and Justice Doxlins it
was agreed that Hummel's testimony
thus a trip 10 Bla ckwelrs Island, that the
evidence might be taken there. was obri-
ated. AS a concession to the reading OF
the testimony the prosecutor agreed 10
allow the defense to place Thaw's will in
evidence. This had been excluded be-
cause it had not been shown that the
document was in the saIne condition that
it was i'm when Thav signed it.
Mr. Jerome began the reading OF Hum
mers testimony al noon and was still
reading it when time came for recess. He
was to conclude it this afternoon. and
after that he said he had only one wit
ness to call. This was the waiter who
had attended the Thaw party just before
the shooting al the Cafe Martin.
Jerome'S Bold Move.
Mr. Littleton said he had only one or
two witnesses to call in sur-rebuttal and
that their testimony would not take long.
The indications were for an early ad-
journment SO that Mr.. Littlcton might
have some time before beginning his sum-
ming UP tomorrow morning. There was
that I've ,textt
the jury tomorrow night.
MIR. Jeromes announcement That he had
only one witness caused surprise in the
courtroom, for it meant he would call no
insanity experts Later this was con-
firmed. and it was announced that the
district attorney would call no experts
and would have no hypothetical question
to offer.
The move of Mr. Jerome in not calling,
his experts was considered bold one.
and it was generally admitted that it
would give the prosecutor swing in his
summing up that lie would not have had
if he put insanity experts Of his own
through a dreary examination and read
a long hypothetical question to them.
State in Rebuttal.
Before the opening of the states case
in rebuttaI in the Thaw case today there
was a conference OF counsel. having as
its object the arrangement of compro-
mise as to admitting certain evidence
the copy of the Evelyn NeSbit
affidavit supposed TO have been made IN
A. II Hummcls Office. District Attor-
ney Jerome offered to let in Harry rhaR $
will by consent if Mr.. Littleton would aG-
nit the affidavit. This arrangement
would do away with the necessity Of taxi
ing Hummels testimony on BlackWelrS
Island and would also hasten the conclu-
sion OF the case. No agreement had been
however. when the morning
We're taken up.
The state began by calling several eye
witnesses to the tragedy. who declared
Thaw's conduct impressed them as
tonal.
One of the witnesses was Warner Pax
son. engineer OF Madison Square Garden.
He said that just before the killing OF
Stanford White one of the performers on
the stage made a remark about cha-
longing somebody TO duel.
Was the performer who passed the re-
mark Harry Hudson?" asked Assistant
District Attorney Garyan.
Il don't know. Harry Thaws shots fol-
lowed the remark so quickly I thought at
first they We're part of the play
Called Hummel's Clerk.
DR.. Francis Mcclure. the Tombs prison
called by Mr.. Jerome 10
testify as to Thaw's conduct in JAIL but
his testimony was barred out when Mr.
Littleton raised the objection as TO pro
fessonal privilege between physician and
patient.
Abraham Snydecker. former employe
of Howe G. Hummel. who testified last
year that he witnessed Evelyn Nesbits
signature to the affidavit which charged
Harry Tlaw with cruelties. next WAS
called TO the stand. The affidavit WAS
made by EVELYN Ncsbit in the Madison
Square tower when she was in the COM
pany of Stanford White.
Snydecker's testimony was objected 10
oy Mr. Littletor as immaterial, but was
allowed to go in BY JuSticc Dowiinc,
When shown the Photographic copy of the
signature. however. the witness said he
al