The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1907-04-06
HE WEAKENS
ON APPEAL
Thaw Trial Will Go on With.
out Protest
TO SPEAK FOR TWO DAYS
No Reference viii Be Made by
Either Sideln Summing Up To
Lunacy Commission Now

NEW YORK, April 6.-The trial Of
Harry X. Thaw for murder Of Stanford
white will be continued Monday. Dis
trict Attorney Jerome will not apply
for a writ OF prohibition from the APP
pellate division OF the supreme court.
but will go Into court before Justice
Fitzgerald when the present adjourn.
ment expires and proceed 20 press for
a conviction OF murder In the FIRST de-
gree.
AIR. Jerome spent most OF the day In
reading up on all authorities governing
procedure In cases similar TO the pres
.ent one and became convinced that he
did not have the legal right 10 apply
for a writ taking the case out OF the
hands OF the present presiding judge.
Thaw was more cheerful than at any
time since his Incarceration and told
several OF the keepers In the Tombs
that he would be- free man within n
very few days. When A. Russell Pea.
body arrived at the prison. Thaw said:
we must bring our case 90 a close
with all possible speed. II will not be
necessary 20 call any more witnesses.
and Mr.. Delmas ought 20 be able 10 be-
gin his summing up next Tuesday"
The latest delay In the trial has coca.
stoned considerable criticism Of the
way In which trials are conducted In
this county. II Is n notorious fact that
more time II required In which TO con.
duct n trial for murder In New York
than IN any other part Of the state aud
more than twice as long a. In any
other state In the Union. The expense
of trials In this county IL also out OF
proportion 90 the burdens inflicted on
the taxpayers for trials OF equally serl-
Gus crimes In any other section % the
Empire State.
Opinions are freely expressed even
among lawyers that the Thaw trial has
lasted altogether too long and that
something should be done 90 bring
about n change. II was pointed ont
that "Wednesday last marked the begin.
ming Of the eleventh week Of the trial
MIR. jerome may argue briefly on
Monday morning against the confrma
tlon of the report Of the lunacy com.
mission. which declared Thaw 20 h.
sane. but he j. aware that Justice
fitzgerald's disposition II "a confirm
the report. which was unanimous The
district attorney will press the trial
forward 10 an early verdict or what l.
regarded NJ more likely. a disagree.
ment Of the jury.
There was stipulation IN court
some week. ago that each side was e.
have one day for summing up. II il
learned. however. that Mr.. Delmas
may speak for two entire days. n be-
wishes this time. II undoubtedly will
he granted a. him. District Attorney
jerome has stated that his summing
up would not require more than three
or four hours. lie has expressed the
desire 10 make his argument without
any sort Of interruption for lunch.
con recess or adjournment. lie will
ask the jury 20 convict Thsw Of muir.
der In the FIRST degree
No reference will h. made or allow.
"a on ether side ~ To tho appoint
ment Of the lnnacy commission or the
nature OF its findings Mr. Jerome will
claim that Thaw was sane enough tn
know the nature aud quality Of his act
when he killed Stanford white aud 10
know that the act was wrong.
The trial on Monday will enter its
twelfth and what l. confidently ex.
pccied NJ last 10 h. H. final week. II
u thought that n verdict will be
reached Thursday.