New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-25
ORDEAL FOR MRS. THAW
JEROMES SURPRISE DUE.
Defence Prepared to Fight Against
-Lunacy Commission.

The continuance of the trial OF Harry Kendall
Thaw before Justice FftzGerald in the Criminal
Branch Of the Supreme Court to-day, will set at
rest the many rumors that have been current
for the last four days as to the expected "sensa-
ton" by District Attorney Jerome. There have
been many rumors that the District Attorney
would make an application for commission in
lunacy, and it would appear as If the matter
was settled. But it is not. Mr.. Jerome, il is
understood. will not make such a drastic move
unless he believes that he has sufficient evil
dence to do so, and so far he has not. The de-
fence, likewise IS up In arms against even
the possibility of a commission, and every legal
point that astute lawyers and advisers can sum-
mon would be brought into play should Mr.
Jerome attempt such move.
one of the counsel for the defence referred
yesterday to two criminal cases where applica-
tons were made by the prosecution for com
mission in lunacy In each instance the request
was denied after the defence had contended
that the defendant was well able and sane
enough to confer with his counsel. With this
legal ruling, the defence it is said will be pre-
pared to fight any action by the District Attor-
ney for a commission
1t is safe to say. however, that Thaw. his fam
lily, and his counsel are all worried over what
the day may develop. While counsel do not be-
lieve that a commission can be obtained, Thaw
and some Of his family are nervous. Thaw
plainly showed his worry yesterday. He paced
the corridors of the Tombs during the recreation
time in a nervous. agitated manner. He saw
several of his counsel during the day. John b.
Gleason visited him for a short time, and later
Clifford w Hartridge was with him for over
an hour Thaws conference with Mr.. Hartrldge.
It is understood. was almost entirely on the in
sanity proposition. particularly as to what DR.
Deemar and DIT. Bingaman may say ON the wit
ness stand.
To divert his mind from the perplexing
trouble Of the present time, Thaw attended the
services in the Tombs yesterday for the first
time in several weeks He entered fully into
the meeting. singing all of the hymns and pay
ing close attention to the addresses.
AS far as the actual procedure Of the trial Is
concerned, the only thing that is known definite
Iy is that Mrs. Evelyn Nesbit Thaw will continue
under crosse examination to-day. Assurances were
given that her examination would be ended
before any other action was taken. 1t is known
that the District Attorney is prepared to spring
a surprise during the examination OF Mrs
Thaw This surprise" It is understood VIII
have nothing to do with an application for a
commission IN lunacy. 1t is expected to appear
in the form OF a question regarding Mrs. Thaw's
acouaintance with a man other than Stanford
White
Dr. Carlton Flint the physician whose name
was mentioned in the cross-examination Of Mrs
Thaw as having been visited by her in company
with Jack Barrymore. was asked yesterday II
the District Attorney had quoted correctly the
allegation tEe declined to discuss the matter
any more than to say he had seen his name in
the newspapers. It is learned, however that
the prosecution has talked with him. Or. Flint
# is understood. has refused to tell either side
anything that he may know pleading his pro-
fessional privilege.
Mr. Jerome. il is understood. will attack to-
day the credibility of Mrs. Evelyn Thaw on
several POINTS lie will ask her about her ac-
quaintarce with Barrymore, going into many
details which have not yet developed in court
The cross-exanlnatiun to-day is expected TO be
even more searching than it on Thursday