Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-04-08
IHAN Trial ON
FINISH STRETCH.
& ~
Justice Fitzgerald Orders At
torneys to Proceed When
Court Convenes
DELMAs BEGINS ARGUMENT
DELMAs BEGINS ARGUMENT
Spectacular Moment When Counsel for
Defense Begins His Plea Court
Room Packed to Doors Members
Of Thaw Family All Present - Jury
Must Remain Together Until Verdict.

Must Remain Together Until Verdict.
New York, April s.--When the Thaw
trial opened this morning Justice Fftz-
gerald ordered the trial to proceed, and
1t was believed it had at last entered
upon It's final week Eleven weeks al
ready had been consumed in the trial.
making it the longest in history OF
New York's criminal courts.
Thaw's family were early in court.
Evelyn Nesbit Thaw wore the familiar
blue suit and black sailor hat which
several days ago replaced the blue one
trimmed with violets which she wore
during the early days OF the trial. She
occupied a seat on the aisle. Next to
her sat Mrs. William Thaw, the coun-
tess Of Yarmouth, and Edward Thaw.
In the front row Of seats were Mr. and
Mrs. George L. Carnegie and Josiah
Thaw.
Orders Trial to Proceed.
Justice Fitzgerald was a few min
utes late in taking the bench. When
he did 50 and before the jury had
been brought into the room, District
Attorney Jerome arose and said he
would formally ask that the report
Of the commission in lunacy, which de-
clared Thaw was sane, be not con-
firmed. He had no argument to offer.
Justice Fitzgerald reached for the COM
missions report. which lay on his desk,
and signed his name across it.
"The trial will proceed" he ordered.
The jury then filed into the box and
Harry Thaw was called to the bar.
Delmas, counsel for defense, asked the
clerk to call DR.. Allan McLane Hanlil-
ton. the ahenist, who was on the stand
when the trial was interrupted more
than two weeks ago.
Hamilton Ruled Out.
Delmas wanted to get from Hamil-
ton the opinion that Thaw was in
sane when he shot and killed Stanford
White. AS soon as Hamilton was
seated in the witness chair, Jerome OBJ
iected. He said Hamilton should have
been called as a witness by defense in
Its direct case To call him in sur
rebuttal, he said, meant reopening
the entire case. Justice Fitzgerald
sustained the objection After he had
done so, Delmas argued that Hamilton
should be allowed to testify for the
reason that Jerome had, on the last day
of the trial. said he would withdraw
his objection if Hamilton was ollowed
to tell everything.
1--WE accepted that Offer" said Del
mas, land therefore feel we have the
right to proceed under the agreement"
"The court, as I understand the law"
said Fitzgerald, has no discretion in
the matter There was no occasion to
rule on the question when it came up
before Had it come up at that time
I would have been forced to rule as I
rule now The objection is sustained"
Defense Rests Case.
After a moments consultation with
the other attorneys Delmas said: "The
defense rests
"The people rest" said Jerome.
Fitzgerald then announced that in
view Of the Importance of the case, he
thought 1t necessary to keep the jury
together until the close of the trial. He
therefore ordered the jury confined un
der the same conditions as at the be-
ginning Of the trial. Jerome suggested
that as this would work something
of a hardship on the jurors. who had
no notice of it, they should be
allowed to go until o'clock, in order
to arrange their affairs. This Fitzger-
aid agreed to- and a recess until 2 was
ordered. Fitzgerald asked the attor
neys to submit to him, in writing, any
requests they might have to make as
TO his charge to the jury. Delmas an
aounced that he would begin summing
up at 2 o'clock. Jerome asked if he
could be given an idea of the time the
defense would require.
I'm al case of this character" said
Delnlas, where the testimony has been
SO voluminous, and where there have
been so many Interruptions, deem it
my duty to refresh the minds of the
Jurors as to the testimony so far as
possible. and it may take two, or three,
or four hours 70 do this. If my re-
marks are not concluded tonight, and I
find it necessary to intrude into to-
morrow's session, / shall. agree to an
adjournment until the next day TO meet
the district attorneys request that he
be allowed day TO himself in which to
make an uninterrupted address,
THE court, then, is powerless to de-
termine how long Delmas will require"
said Fitzgerald. who informed the jur-
ors that after o'clock they would be
kept together until the end is reached.
A Spectacular Moment.
One Of the spectacular moments in
the Thaw trial was that in which Del
phin Michael Delmas arose to address
the jury for the defense. 1t was his
final plea to the twelve men who are
to pass upon the fate of Harry Z.
Thaw. and no stage setting could have
been better formed than were the sur
roundings in which the attorney found
himself when, with bow to the court
and to the jury. he began the argument
that promised TO be as interesting as
any of the many sensational features
chat have marked the development OF