Show d THAW 1 CASE WIll HLL WIllBE BE POSTPONED WED Defense and Prosecution Will Join in the Request for Good I and Sufficient Reasons MAY ASK CHANGE OF VENUE I 1 GREAT INTEREST TAKEN IN SEC SECOND SECOND SECOND OND TRIAL New York Nov 24 The second trial of ot Harry Kendall Thaw sat set for tor one week from will again be postponed and there la is I little chance that It will be called until some date well along in January The decision to ask for tor a R postponement has been agreed to by both sides It is due part partly partI partly ly I to the fact tact that the task of ot selecting a jury would be made doubly hard by bythe bythe bythe the approach of the holidays and the prospect of the men of ot spending both Christmas and I New Years day locked up under the care of ot the court bailiffs and also to the tilt fat fact that Thaws counsel has applied d to the court for tor permission to inspect the secret ecret evi ei evidence evidence dence presented before the lunacy lunac com commission commission commission mission during the progress progreso of ot the first trial As an added cause for to delay dt lay there is a rumor r mor that the attorneys representing Thaw may apply for a change hange of ot venue declaring a fair fall trial for their client In New York county is impossible Such a move if made would be based on the alleged allt ged un unfriendly unfriendly unfriendly friendly attitude of ot many of ot the local lecal newspapers and the extent to which the evidence was printed and read in this count o District Attorney Jerome will seriously oppose the granting of a change hange in the scene of the trial Thaw Chafes Over Delay Thaw in his cell of ot the famous old Tombs prison which he has occupied since the night of the HI tragedy on Mad Iad Madison Madison ison Square roof garden June 22 26 1906 is planning for his second trial with the same confidence of acquittal that he prepared rrt pared for the first ordeal He dally daily dall advises with his counsel chafes at the delays already encountered in ht getting n Us is story before a second S Jury jUr and is inpatient impatient for his court to be begin begIn begin gin It Is nearly a year since the first trial trials s as begun It covered a a period of twelve weeks and after attn two days and andt to t 0 nights of deliberation the Ule Jury jUr mind nuM not agree Seven Sewen en of the twelve J lion n en who heard beard the tbt dramatic recital of Evelyn Kelyn Nesbit Thaw ha a story atory of al alleged alIt alleged It ed wrongful treatment at the hands of ot the noted architect a story that was as flashed dashed by telegraph and anti cable to every part art of the civilised world and read as one of ot the most remarkable utterances er PI heard in a court ourt room failed to believe that her confession conf slon to her hus lus husband husband band justified him three t years later in taking the life of the man charged with the ruin of ot the chorus girl They ThUY voted vot d for Cor guilty of murder in it the first degree Five of the ju M on n the other ether hand w were ere ready to acquit most of them be believing lieving that Thaws mind had been so soup up upset et over the story of or the girls down downfall downfall downfall fall that he was bereft of or reason and was entitled to that provision of ot the law which excuses a person so insane as not to know the nature or quality of ofhie his hie act and not to know that the act is wrong At the police pollee station the night of or the tho tragedy and afterward in the city prison Harry Thaw contended he was waR acting as an agent of providence in sending Stanford White to his grave Insanity the Defense Great interest centers In the course of the defense at the he coming trial I It ItIs Itis Is generally believed that despite an any ideas of justification which Thaw may entertain his present lawyers lawers will con confine c confine n fine themselves to making malting out a case ca o of legal insanity This may be emotion emotional al or hereditary both loth of or these phases of the matter having been gone Into a athe at atthe atthe the first trial Six or seven seen alienists took the stand at that hearing and tes testified testified testified that Thaw had been beon driven insane by the tho story told him when he and the girl who was to become his wife were stopping together ID 11 i t Paris Dr Brit Britton Britton Britton ton D Evans superintendent of the New Jersey state hospital for tor the in insane Insane insane I sane made a worldwide stir by ex expressing expressing expressing pressing Thaws condition of ot mind the night of the tragedy as a brainstorm The dark clouds had been gathering for fora a year or more he declared and when Thaw saw sav White glowering at him hirr hirron himon himon on the roof garden at the first night o oa of ofa a summer extravaganza known as Mlle Mile Champagne the storm broke and Thaw fired District Attorney Jerome combated combate this plea with the testimony of seven experts all of whom declared that Thaws insanity was not such as to de deprive d dd him of ot knowledge as to the wrongful nature of his act Notwithstanding Notwithstanding standing this however they agree agreed with District Attorney Jerome that tha Thaw was medically insane not only at the time of the shooting but bu throughout the trial during which they declared he was unable Intelligently to advise with counsel counselor or to appreciate the character of the proceedings against him Lunacy Commission The trial was interrupted it will wn be remembered by the appointment of a commission at t Mr Ir suggestion to inquire Int Into Int Thaws mental condition The commission commiss on agreed unanimously that Thaw was able abie to advise Intelli Intelligently Intelligently Intelligently gently with counsel and to understand all qZ the proceedings in court They examined the young oung millionaire both mentally and physically and he came out of the tests with flying fi colors This tended to bear out the theory theor of or the defense that Thaw had suffered a brainstorm and that his condition had wonderfully wondel improved during his stay in jail jan It is contended that with the death of White the force which had hac fomented the disorder was removed ant and that the clouds of or blind Insanity had broken away awa When TIlen the trial was resumed how however ho hot however ever ver t and the arguments were begun Thaws principal counsel Delphin M 11 Delmas who came with a brilliant rep reputation reputation reputation from the Pacific ic coast to take charge of the case cae threw down the substantial structure of legal insanity which had been built up tossed it lit out of the window and made his plea unreservedly on the unwritten law la He pictured with great orator oratorical oratorical ical kal effort the wronged Evelyn as asan asan asan an angel child Thaw alternately was a Sir Galahad or a St George destroying the dragon This line of argument gave District Attorney Jer Jerome Jerome Jerome ome an Unexpected ted opening and he too disregarded the mass of testimony tending to show Thaws mental irre irresponsibility irresponsibility devoting himself to ridi ridicule ridicule ridicule cule of the heroic roles In which Mr 11 Delmas had cast the defendant and his wife Mr 11 Jerome declared d lared the tragedy was nothing more than a common low vulgar Tenderloin murder To the jury he described Thaw as a wil wilful wilful wilful ful wretch indulged from front his youth by b wealthy parents and at last turned d loose to float loat his way through the Tenderloin on a year ear The seemingly irrational writings of ot Thaw which were placed In evidence were dismissed by Jerome as the work of a arich arich arich rich Illiterate and nothing more I New Counsel for Defense District Attorney J Jerome rome and Fran Francis Francis cis eifel D P Garvan b Is first assistant again will have charge of ot the prosecution prosecution prosecution tion but Thaw has made an Important Important important tant change of attorneys Replacing Mr 11 Delmas as chief counsel will be Martin W Yo Littleton of Brooklyn Mr Littleton is known as a capable law lawyer lawyer lawyer yer and a brilliant orator At the Dem Democratic Democratic Democratic national convention of 1904 1504 It was as he who nominated Alton B Par Parker Parker Parker ker for the presidency Mr Littleton is a southern man having been born in Tennessee just years ago He is what is generally generall termed a self made man having educated himself He began the practice of law In 1891 and moving to Dallas Tex served I there for a term as assistant prosecuting ing attorney Later he removed to Brooklyn and at once became a prom prominent prominent prominent figure In politics and at the bar barFor barFor barFor For four years he was assistant dis district district district attorney of or Kings county and un under under under der the first McClellan administration in Greater New York was president of Brooklyn borough Just Ju who will be associated with Mr Ir Littleton may not be definitely known until the day da the trial begins At present Daniel OReilly and A Russell Peabody are the only members of ot the former array of counsel credited with being in Thaws service Because of Thaws I im in it was not always known during the former trial just who his attorneys might be bo the tile next day da The opening day of the coming trial un undoubtedly undoubtedly undoubtedly will settle whatever misun misunderstanding misunderstanding may exist among counsel It is the hope of the prisoners friends that his cause may not be hampered this time by the wrangles among counsel coun counsel sel l which were frequent last winter Curiosity as to Evelyn There is much speculation as to whether or not Evelyn Nesbit Thaw the school figure about which the storm and tempest of the first trial beat out Its fury tur will again take the stand in her husbands defense A re report report report port has been beon b en current for some time that she will not but the Thaw case always has been surrounded by b every class of ot rumor and suggestion that hu human human human man ingenuity can invent A definite decision as to the matter of placing the he girl again upon the stand may not be arrived at until the trial Is well un under under under der way Without her testimony there would be difficulty In making out a case of emotional insanity a defense which would have to be relied upon to gain Thaw absolute freedom If med medical medical ical cal or hereditary Insanity be the plan of the defense the best Thaw can hope for Is an Indefinite commitment to the state hospital for the criminal insane at it Afraid of Jerome Neither r Thaw nor his wife relishes the idea of placing the the girl at the mercy of another cross examination by Mr Ir Jerome who unmoved by her tears ears or her burning cheeks checks of shame forced her to admit the led relations which existed between her ler and Stanford White and to tell the he Jury in plain words of the two Eu European European European tours she made with Thaw be before before fore ore becoming his wife It was on one of these tours the girl declared that Thaw Chaw demanded to know of or her the reason she would not consent to become his wife Then she told him her life lite history and of the alleged wrong which was claimed to have ruined her heir h r ca career career career reer Told for a second time the won wonderful wonderful erful story might lose much of or the dramatic effect of its first offering and I it t is not t generally g believed that young young Mrs Irs Thaw in the knowledge of the I cross examination that would come could hold herself together as well as she did at the first trial when w en Mr Jerome freely proclaimed her as one of the he best witnesses he had ever heard anywhere The second trial may ma not last more than ban a few weeks Its length will de depend depend pend end almost entirely upon the time re required required required in securing a jury This is expected ex expected to be tedious work as there are few ew persons in New York county who did not read the details of the former trial and who have not some prejudice or bias In the question of Thaws guilt gulit Once tho Jury jur box is filled however the Ufe attorneys expect to move forward rapidly ly and with few interruptions |