The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1907-03-29
NEWS OF THE WEEK
TRIAL OF HARRY THAw.

The blow of which Harry Kendall
trial began has fallen. District Attcr-
ney Jerome did not make formal ap-
plication for the appointment of a
commission in lunacy, but in an I'M
passioned speech he appealed to the
conscience of the court asserting that
Thaw is unable intelligently to advise
his counsel and is believed by every
contact with him to be insane. Mr..
jerome asserted that the six a%lienists
who testified for the state were con-
WINGED that Thaw was of unsound
mind. He dramatically accused coun-
sci for the defense of concealing tes-
timony which, if presented to the
court, would make the continuance of
the trial q. crime. So earnestly did he
plead that Justice Fitzgerald excused
the jury until he could consider what
ever evidence either side has to offer
and decide whether the trial shall go
on or whether a commission in lunacy
shall be appointed ITO pass upon
Thaw's present mental condition.
District Attorney Jerome presented
to Justice Fitzgerald eight afidavits
in support of the suggestion he made
in the case of Harry x. Thaw that the
defendant is now in such a state Of
lunacy or insanity as to be incapable
Of understanding the proceedings
against him or making his defense.
Six of the alienists in their afidavits
declared that Thaw was suffering from
a form of p%aranoia; that he should
not be discharged from custody; that
If he should be discharged he would
be dangerous to public peace and
safety and that it is reasonably GER
tain that he will not ecove The
seventh alienist agrees with his col
leagues except that he declared that
Thaw cannot possibly recover. Mr..
Jerome's afidavits also included a
statement by Irwin S. Cobb, a news
paper reporter, who was given the
statement which Thaw issued at the
conclusion of Mr.. Jerome's long and
severe cross-examination of his wife.
After a bitter contest with Thaw's
attorneys District Attorney Jerome
finally managed to get the famous
Hummel affidavit before the jury. The
affidavit specifies numerous occasions
in Austria, Switzerland and Paris
when Thaw is alleged to have beaten
Evelyn Nesbit, who was travelling
with him as his wife, until she
swooned. Her bare skin, she de.
clared, had been bruised and cut by
the lashings Of Thaw's cowhide whip.
With the reading Of the affidavit Mr.
Jerome announced that the people
rested their case in rebuttal. Mr.. Del
mas Immediately offered in evidence
the record of the trial of Abraham
Hummel on the charge of conspiracy.
The district attorney did not object
and the defendants lawyer proceeded
to read the entire record to the jury.
The defense called a number of alien
lists, who declared Thaw was insane
when he killed Stanford White, and
announced their case closed.
Afidavits of the defense of Harry
X. Thaw as to his mental condition
and whether or not a commission in
luudCy SIOuAu US dppOluICu Z CAohAA
inc him have been filed with the clerk
Of the supreme court. All of Thaw's
attorneys make afidavits in which
they declare he is perfectly capable Of
understanding the nature of the pro-
ceedings against him and of advising
with counsel. The alienists, Doctors
Evans, Wagner, Jelliffe and Ham
mond, make similar declarations and
set forth daily conversations they
have had with Thaw since his trial
started.