Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-09
THE THAW TRIAL.
Continued from Page One.)


hNclEn NcSbit Thaw wore the familiar
o!ue suit and the black sailor hat
Which several days ago replaced the
que one trimmed with Violpts which
sic wore during the early days Of the
tflal. She occupied seat on the
aisle. Next To her sat Mrs. William
nav, the Countess Of Yarmouth and
Edward Thaw. In the front row Of
seats were Mr.. ana Mrs. George l..
Carnegie ana Josiah Thaw.
Justice Fitzgerald was n few min
utcs late in taking the bench. When
ne ana 50 and before the jury had been
brought into the room District At
tornty Jerome arose and said he would
formally ask that the report Of the
commission in lunacy which declared
ThaW sane, BE- not confirmed. He had
no argument 10 offer.
Justice Fitzgerald quietly reached
for the report which lay On his desk
and signed his name across. The
trial Will proceed" he ordered The
jury then filed into the box ana Harry
Thaw was called to tie bar.
Dolphin NJ. Delmas Of counsel for
the defence asked the clerk to call
DR.. Allan McI-ane Hamilton, the alien
list who WAS on the stand when the
trial was Interrupted more than two
weeks ago. Mr.. Delmas wanted to
get from DR.. Hamilton the opinion
that Thaw was insane when he shot
Stanford White.
As soon IS Dr.. Hamilton was seated
in the witness clair Mr.. jerome OBJ
jccted. He said DR.. Hamilton should
have Deon called as witness by the
defence in its direct case. TO call him
in sur-rcbuttai, he declared, meant
the re-onening Of the case. Justice
Fitzgerald sustained the objection.
Mr.. Delmas thea argued that DIR.
Hamilton SHOULD be allowed to testify.
since Mr.. Jerome had on the last day
of the trial said he would withdraw his
objection if DR.. Hamilton was allowed
to tell everything.
THE court. as | understand the law"
said Justice Fitzgerald. "has no dis
erection in the matter. There was no oc-
casion to rule on the question when it
came up before. Had it come up at
that time 1 would have been forced u
rule Il; I rule now. The objection Is
sustaincd.'
After a moments consultation with
III" Other attorneys Mr.. Dclmas said:
'"Thr dcf"nc" rests"
'Thc peorlc rest" said Mr. jerome.
Justice Fitzgerald said he desired
that the taking Of testimony should
cease ana expressed satisfaction at the
Announcements. He then said hf
J = IN IN
| til. iu~y together until TIE close Of tho
| trial IIc therefore ordered that the jury
I've confined under the Same conditions
AZ existed at the beginning Of tho trial
Mr. Jerome suggested that as this
| world 30 . hardship on the jurors vino
! had had no notice of it. they should h.
/ allowed to go until o'clock III order Y
| arrange their affairs. JuSti-c Fitzg"r-
ALI agreed to this and q recess until
| o., lock in order to arrange their alf'lrS
| Justice FITZGERALD agreed to this and
rcccsS until ; o'clock was ordered. Jus
! tee Fitzgerald asked tho attorneys t
| submit to him in writing any requests
. thry thcI might have to make as TO nj!
! chnrg" t. III" jury. Mr.. Dcim2S an
nnllnrtd that he would begin his sum
! ming up address az ; o'clock. MI. Ter
one asked if he could he given ar
flea If the time the defence would re-
| uuiro.
an case cf this charact"r,' sait
! NJ. DclnnS. "Wherc the testimony has
| hccn 50 vuluminous and where thcr,
| have ben 50 many interruptions.
| deem Il my duty t. refresh the mih4'
| of thu Jurors as to tn" testimony so l'l
as possible. 1t may take ~" or three
| Of flu,. hours to DO this. II M remarks
| are not concluded tonight and ma u
! l &c, ysaly to intruGe into tomorro" :
| sion. shall agree to an Adjournment
until the next day to met the dlstfic'
attorneys request that he be allowed
,, - day to himself in hiIh to make al
uninterrupted address"
"Thc court thCn il r"W"rl"%i - de-
tcrnm- bow long MI. Dcinn& Hili re-
u1rfrc.'' s"!I .Iu~tjc" Fitzgerald
lie cautioned tn" jurors; rot t" dis
| c,ls- :in case duriE. their f'N r"niin-
! in.r hours, NJ lihcrtv ana Informed 'n2n
! that after = n'c;ocl; they w"Hi' he k"p'
together until the end is rca,%"'..