The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-02-14
THAW TRIAL HALTED
Juror Bolton Permitted to
Go Home to Sick Wife.
NO MORNING SESSION HELD
Counsel for Defense aad District At
tOrney Consult on Possible Action.
suit FataIIy-Dr. Evans Continues
Testimony at Afternoon session.

New York Feb. IA halt was called
to the Thaw trial this morning that may
seriously embarrass the progress Of the
case, even If mistrial does not result.
The wife Of Juror Joseph 3. Bolton be
came seriously nI on Tuesday, and the
physicians who examined her discovered
that she was suffering from double pneu-
mOnia. The family physician. Dr. H. H.
Tinker, who first saw Mrs. Bolton at her
home, 1lS7 Boston road. speedily made
out the following certificate:
Il certify that Mrs. Joseph b Bolton
lis very IN. suffering from pneumonia;
that she is under my care, and that her
condition is so critical that her husband
ought to be notified Of the fact and al
lowed to see her, il only for short
time"
Dr. Theodore c. Janeway was called
into the case 10y Dr. Tinker, and he added
this statements
Il certify that I have seen Mrs. Bolton.
in consultation with Dr. Tinker this even
ing, and ind the facts as stated. Her
condition is sufficiently critical to de-
mand her husbands presence"
These certificates were conveyed 10 the
court officers in charge Of the jury at the
Broadway Central Hotel. and early this
morning Justice Fitzgerald was informed
He decided that Juror Bolton might be
allowed to visit his wife. in company with
two court attendants and another juror.
Adjournment Ordered.
When court rv.ar,..4 -.
news had got about the Criminal Courts
Building, 50 that nobody was surprised
when the jury was not brought into
court. and Mr.. jerome addressing the
court, said that as Juror Bolton had
been allowed to so to see his wife. an
adjournment until o'clock seemed ad-
visable. 1t was promptly ordered.
BY ? O'Clock Mr.. Bottom had returned
from his wife's bedside and occupied seat
No. Il IN the Oox as usual He is proba-
hly the oldest man on the jury. being
We'll toward sixty. He seemed to be in
perfect command of himself. and an
peared 10 give close attention to what
went on ct the afternoon session. Just
What will happen in case Mrs. Bolton
should die. has not yet been determined.
\ gUOu deal would depend on the atti-
t'ldH OF Mr. Bolton himself Should he
mink that after a few days dpIav he
could return to the jury box and give the
case his best attention, it might be that
by an agreement of counsel the case
would proceed. There are said 10 be nre
eedents in this State for the kind of a
murder trial with only eleven Jurors in
the box, when the withdrawal of the
tWeltth has been due to circumstances
rejecting no discredit on him.
1T seems probable that the defense
would be willing TO consent to almost anv
reasonable agreement that was also legal.
In order TO avoid a mistrial for II is
known that in the present state of the
case the lawyers for the defense feel that
their witnesses have made an excellent
impression on the jury
This afternoons evidence was all con-
tributed by DR.. Evans. who continued
his direct testimony and described more
in detail the examination he and DR.
Wagner made of Harry Thaw in the
Tombs. They found no evidences what
ever that the defendant was addicted 10
the use Of drugs, DIR. Evans said.
The alienist had an encounter with ms
tice Fitzgerald, explaining that It would
be unfair 10 his professional reputation
TO make him answer questions without
certain qualifications. The court in
struCted him somewhat sharply that il
would be necessary to conform with tho
rulings Of the court. for all that.
DeImas' Prophecy.