Los Angeles herald., 1907-04-07
HARRY THAW'S s
TRIAL TO EMO
COMING WEEK
Delmas' Argument
May Be Lengthy
II Is Now Thought That He viii Take
Two Days in Addressing the
Jury-Jerome to Be
Brief
BY Associated Press.

BY Associated Press.
NEW YORK, April 6.-That the long
drawn out Thaw trial will be finished
this coming week now seems almost
certain. There is no sign of any fur
ther delay. The case already has ex-
tended beyond the time ever before re-
quired to try a murder case in New
York.
DR.. Allan McLane Hamilton, the ALI
enist who was on the stand when the
case was suddenly stopped by the dis
trict attorneys suggestion for the ap-
pointment of a commission in lunacy,
will probably be recalled Monday. The
lunacy commission, having decided
that Thaw is now sane, Mr.. Jerome
probably will be prevented from ask
ing DR.. Hamilton regarding his opinion
as to Thaw's present sanity. Therefore
there is little that he can cross examine
the alienist on.
Whether the defense will call more
witnesses is problematical. 1t is said
that they expect to require no more
than one hour to complete their case. If
this is true there is no reason why the
case should not go to the jury Thurs
day.
District Attorney Jerome said tonight
that he had no more witnesses. Under
legal procedure in New York the sur
rebuttal of the defense ends the case.
The only way in which the prosecu-
tion can get evidence before the Jury
after the defense closes its sur-rebuttal
is by special permission of the court on
the ground that the evidence is newly
discovered or that the witnesses were
not in the jurisdiction of the court
when the prosecution was putting in
its direct case.
Arguments Begin Monday
Some weeks ago at one of the many
times when the case seemed nearing
its close it was agreed between the at
torneyS that each should have a full
day for summing up; in other words,
that neither should be forced to break
his address in the middle. Mr.. Delmas
stated at the time that he would not
require more than one day for his argu-
ment. 1t is said now, however, that he
may require two days.
If this is the case he will probably
begin Monday He should finish Tues
day. Mr.. Jerome still says that he
will not require more than one day,
and therefore at the latest he should
complete his argument Wednesday.
Justice Fitzgerald's charge to the
jury should not require more than three
or four hours, and it is therefore possi-
BILE that the case will be in the jury's
hands Thursday.
Mr. Delmas will plead for absolute
acquittal on the ground that Thaw's
mind was unbalanced at the time he
committed the crime and that In view
of the fact that he has since recovered
his mental balance he should be al
lowed to go free.
Mr.. Jerome on the other hand, will
argue that Thaw was sane within the
meaning of the law when he killed
Stanford White; that the crime was
planned and premeditated and that he
should suffer the extreme penalty OF
the law.
"I do not expect that it will take US
more than an hour to close our case,
said Clifford w. Hartridge, Thaw's at.
tOrney OF record. "Our evidence is al
in save for a few matters purely for
NAL, and nothing remains but the sum.
ming up. l am not sure whether Mr.
Delmas Will be able to finish his ad
dress in one day. but he will begir
Monday"
Gives Inside History
In speaking of the action of tn,
| lunacy commission and of the menta
and physical examination of Thaw, Mr.
Hartridge said
II want to give the inside history o
my appearing before the lunacy com
mission. / waived all constitutions
rights and told the commission to ash
any question it saw fit except that
told Thaw not to answer any question
about the trial and the case.
"One member Of the commission di,
ask Thaw a question about the cas-
and on my advice he declined to an
swer 1t.
"Then the commission sent for m
and asked me If would not Withdraw
my advice so as TO call ThaW to an
swer the question. / then told Thaw I
answer any question that the member
of the commission might ask and
suppose that he did so, but do no
know what he did. for / left the roor
and was not present at the examina
ton any more than Mr.. Jerome was
! MY attitude In turning Thaw loos
upon the commission showed my conf
dence In his ability to meet all tests.
Down deep In my heart ! bellev
| that Thaw was insane when he di
the shooting, But have always con
tended that he ought 70 have a trla
When the effort was made to have hi
railroaded to Matteawan he proteste
that he wanted 10 be tried and uphel
him in IT, / have known Thaw for
long time and have the advantage (
people who have only come IN conta'
l with him lately. IN the Tombs he 81
back his mental balance and his phys
: cal health