The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-23
Jury Excused Until Wednesday
When Fitzgerald Will Decide
on Lunacy Commission
THAW'S LETTERS TO Be USED
AS THE STATES EXHIBITS

Paranoie, But Legally Response.
Bile When He Killed
Stanford White.
New York, March a.. q .i.uial attcr-
neys office tonight maze Eutll1 several
letters supposed to hBVs seen atittsn ny
Harry *. Thaw to Bhlsb Dihs,tos At
torney Jerome has referred Ia oourt and
had marked as state exhibits. 1bess are
expected to fgure II the h,artae # the
lupacy eammissiou IL Judge Fitzgerald
decides to appoint one. me lsttsrs nave
TO 10 etiefy with matters personal to
Thaw, ard are Of 10 speeisl Interest er-
eept as they may have 4 aosslo,> hesfins
on the state of uind Of s'an9fori Wh,tss
slayer.
The status Of tho case is this
Ahidavits have been handed in by tho
prosecution To show that rhsN Is a pa
ranoiac, wha although lega.l y rsspouslhls
when he KILLED Stanford White, is DOW in
such a state of mental tuesoeclty as to
be unable to consult ittellieeptly WITH nis
counsel, and hence should not be 20 trial
for his life The defense is nsw gropsrins
its affidavits to the contrary sri the ret
ter Will come before the court sn TUES
day. Meantime tba jury is Axsgsed until
Wednesday, when tha judge loty de-
teTnine whether commission IN lunapy
shall be appointed.
Jury Excused.
The TbaK jury was brought before Jus
tice Fitzgerald In the supreme csurt to-
day and tcld they need not attend tae
trial until next Wednesday morning. In
the meantime Justice Fitzgerald says lie
would receive affidavits from the defense
in answer to the suggestion of District
Attorney jerome that Harry *. Thaw, on
trial for the murder of Stamford White.
is at the present time In a condition of
mental unsoundness, which makes him in
capable of advising his counsel or of un-
derstanding the proceedings against him.
Justice Fitzgerald has designated to-
morrow afternoon at o'clock as the time
for the defense to present its ahidavits
in the clerks office. He said today the
district attorney might have until Monday
to make response to the showing of this
defense.
Clifford Hartridge of Thaws coursei
stated today that afffdavits to be re
sented In Thaw's behalf would be made
by his attorneys and the various alienisls
who have appeared fer the defense.
These affidavits merely will state that
Thaw at present is able to advise his
counsel and fully understands the pro-
ceedngs against him. That is all the law
requires us to say" said the attorney. 1T
is not a question as to Bhether he is df
unsound mind at ALL the only question
at issue is whether or net he uuder-
stands the proceedings against him. We
claim we can produce Overwhelming proof
that he does. We will also submit docu-
mentary evdence-Thaw's cwn writ
inSs."
Family Present.
When Justice Fitzgerald took his place
the bench today all the members OF
the Thaw family were seated in the court
room, and when Harry Thaw was called
to the bar he seemed surprised and de-
lighted to find them present. They had
all been excluded ever since the taking
of testimony began. The prisoner bowed
to each member of sne family group In
turn and they all smiled back to him
confidently.
OF Thaw's attorneys neither Mr.. Del
mas nor Mr.. Gleason wa resent. It
was generally understood L.. ,ceeding
court until Justice Fitzgerald has had
time TO satisfy his conscience as to
whether or not a commission In the
lunacy shall be ordered.
After the jury had retired Justice Fitz-
gerald said that on yesterday Mr.. Hart
ridge had attempted to be heard.
Il understood" he continued. that he
had something to say In the matter of
the time of adjournment. and | did not
allow him to proceed. 1t occurs to me
now that he might have desired to make
statement with reference to the dis
trlct attorneys remark that he served
notice on the counsel of record that IL
they possessed information he believed to
be in their possession he would call tho
matter to the attention of the appellate
division. I will hear Mr.. Hartrldge now
If he DESIRES"
Before Mr. Hartridge could reply Mr.,
Jerome came forward with a statement.
UnprofesslonaI Conduct.
II did not mean to charge Mr.. Hart
ridge with unprofessional conduct" said
the district attorney, but l stand on
what | said. that IL find at the conclu-
sion OF the trial that they had possession
of knowledge which would lead cne to
believe they had persisted In trying a
man incapable of understanding the pro-
ceedings against him, l would take tho
strued as charging unprofessional con-
duct. I was simply unfortunate in my ex-
preston.
Mr.. Hartridge said:
'The district attorneys remarks were
given the widest publicity and did want
to have an opportunity to reply. What
he said to me was in the course of q
private conversation. at which no one else
was present. 1t Tss only a suggestion
that il enythng developed in the line
of what he has pointed cut, he would
take the matter up
II replied to Mr.. Jerome BY telling him
that IL he thought our client was insane
he should come out and say so. He an
swered that there was big difference
between an official opinion and an un-
official opinion. and that if he were con-
vinced officially that Harry Thaw was in
sane he would come out and say so. He
also said that we ought not to sup
nress any Testimony which would tend