The Montgomery advertiser., 1907-03-23
QUIZ UNTIL y WEDNESDAY Adjournment Taken in
 Thaw Case. DEFENSE TO MAKE SHOWING Will Submit Affidavits Tuesday of Clients Present Sanity. Hartridse Replies to Jerome's sugses- tion of Unprofessional Conduct snd District Attorney Dis-
 claims Idea of Reelection
 

New York, March 22.--The District Attorneys oface tonight made public
 several letters supposed to have been
 written by Harry K. Thaw to which
 District Attorney Jerome has referred fin court and had marked as State ex- hibits.
 These are expected to figure In the hearing of the lunacy commission, if
 Judge Fitzgerald decides to appoint
 one. The letters have to do chiefly with matters personal to Thaw and are of no special interest except as they may have a possible bearing on the
 state of mind of stanford Whites slay- CT.
 The status of the case is this: Am. davits have been handed in by the pros ecution to show that Thaw is a para
 noiac. who although legally responsl- now in such a state of mental inca pacity as to be unable to consult fn- teliigently with his counsel and hence should not be on trial for his life. The defense Is now preparing it's afiidavits
 to the contrary, and the matter will l come before the court on Tuesday, Meantime, the jury Is excused until
 Wednesday. when the judge may de- I termine whether commission in lun- l acy shall he appointed.
 The Thew jury was brought before l Justice Fitsgerald in the Supreme Court today and told they need not attend the 1 trial until next Wednesday morning. Tn the meantime Justice Fitzgerald said he would receive affidavits from | the defense in answer to the suggestion I of District Attorney Jerome that Harry K. Thaw, on trial for the murder of | Stanford White, is at the present time in a condition of mental unsoundness which makes him incapable of advis- l irg his counsel or of understanding ths
 proceedings against him.
 Justice Fitzgerald has designated l tomorrow afternoon at 2 o'clock as the
 time for the defense to present its af- l fidavtts in the clerks office, He stated
 today that the Distfict Attorney might
 have until Monday to make response 1 to the chewing of the defense.
 Clffkosa EE@rfridge nf Thawsa counsel 1 stated today that the afiadavits to be l presented in Thaw's behalf would be
 made by his attorneys and the various
 alienists6 who have appeared for the | defense These afidavits merely will state that rhaw at present Is able to
 advise his counsel and fully under
 stands the proceedings against him
 That is all the law requires us to
 say" said the attorney. Tt is not a question as to whether he Is of un-
 sound mind at all: the only question
 at Issue is whether or not he under stands the proceedings against him. We claim that we can produce overs
 whelming proof that he does.
 We will also submit documentary
 evidence-Thaws own writings." Family. Was In Court.
 When Justice Fitzgerald took his
 seat on the bench today all the mem- bers of the Thaw family were seated in the court room and when Harry
 Thaw was called to the bar he seemed
 surprised and delighted to find them present. They had all been excluded ever since the taking of testimony was
 begun. The prisoner bowed to each | member of the family group in turn and they all smiled back at him conh- | dently.
 Of Thaw's attorneys neither Mir. Del
 mas or MT. Gleason were present. It | was generally understood the proceed l ing was to be but formal adjourn
 ment of court until Justice Fitzgerald | has had time to satisfy his conscience as to whether or not H commission in lunacy shall be ordered.
 After the jury had retired Justice Fitzgerald said that on yesterday Mir. Hartridge had attempted to be heard.
 T understood" he continued. that he
 had something to say fla the matter at | the time of adjournment and did not allow him to proceed. It occurs to me now that he might have desired to make a statement with reference to | the District Attorneys remark that he served notice on the counsel of record l that If they possessed information he | believed to be in their possession he
 would call the matter to the attention
 of the appellate division. I will hear Mir. Hartridge if he desires" Before Mir. Hartridge could reply, 1 Mir. Jerome came forward with a state | ment.
 No Reelection on Hartridwe.
 'I did not mean to charge Mir. Hart ridge with unprofessional conduct"
 said the District Attorney, ''but stand | on what I said. that if I find at the
 conclusion of the trial that they had | possession of knowledge which would lead one to believe they had persisted
 in trying a man incapable of under standing the proceedings against him.
 I would take the matter up. If my re-
 marks were construed as charging un-
 professional conduct, I was simply un- fortunate in my expression" Mir Hartridge said
 "The District Attorneys remarks were given the widest publicity, and | did want to have an opportunity to re-
 ply. What he said to me was in the l course of a private conversation, at
 which no one else was present. It
 was only a suggestion that if anything developed in the line of what he has
 
 up.
 T replied to Mfr. Jerome by telling him that if he thought our client was insane he should come out and say so.
 He answered that there was a big diff ference between an official opinion and an unoficial opinion, and that If he
 was convinced ofacially that Harry l Thaw was insane he would come out and say so. He also said that we
 ought not to suppress any testimony
 which would tend to shed light on the defendant's present mental condition. I
 toId him we were not hiding or sup
 pressing anything.
 "He wanted to know what we in- | tended to do with regard to the testi- | mony of Dr. Bingaman and Dr. Dee- mar the Thaw family physicians. and | asked fl we would permit him to ex-
 anime him in his office, said we had ] not the slightest objection so long as could be present at the examination. l This examination took place and 1t was .,r ,,ndsratandIuE that anything the