The Montgomery advertiser., 1907-04-09
DELlMAS BEGINS HIS
 ADDRESS TO JURY.

lyn Nesbit Thaw wore the famil'. blue suit and the black sailor St which several days ago replace sy ne blue one trimmed with violets Aish :1,sl sas wore during the carly daf the
 She occupied seat on .e aisle. th. % countess n os @ yarmout, <nd Edward Thaw. In the front TOW %f seats were MT. and Mrs. George l. Carnegie and Josiah Thaw.
 Fitzgerald Takes Bench.
 Justice Fitzgerald was . few min- utes late in taking the bench. When he did so and before the jury had been brought into the room. District Attorney Jerome arose and said he would formally ask that the report of the commission in lunacy which de- clared Thaw sane be not confirmed. He had no argument to offer. Justice Fitzgerald reached for the commits sfon's report which lay on his desk and signed his name across 1t.
 '"The trial will proceed" he ordered.
 The jury then filed into the box and Harry Thaw was called to the bar.
 MT. Delmas, of counsel for the de- fense. asked the clerk to call pr. AL ian MCLdne 1dmiltOHs tuc dAiciiASS WhV was on the stand when the trial was interrupted more than two weeks ago MT. Delmas wanted to get from pr. Hamilton the opinion that Thaw was insane when he shot and killed 6tan- ford White.
 As soon as pr. Hamilton was seated in the witness chair, District Attorney objected. He said pr. Hamilton should have been called as a witness for the as, n him in sur-rebuttal, he declared, meant the re-opening of the entire case.
 Justice Fitzgerald sustained the ob- lection.
 After he had done so Mir. Delmas argued that pr. Hamilton should be allowed to testify for the reason that District Attorney Jerome had on the last day of the trial said he would withdraw his objection if Dr. Hamilton was allowed to tell everything.
 We accepted that proffer." said Mir. Delmas, "and therefore feel we have the right to proceed under the agree ment."
 "The court, as I understand the law said Justice FitzgeralF "has no discre- tion in the matter. There was no oc- casion to rule on the question when 1t came up before. Had 1t come up at that time I would have been forced
 
 is sustained"
 After a moments consultation with the other attorneys MT. Delmas said:
 The defense 1.sts."
 "The people rest" said MT. Jerome.
 Justice Fitzgerald said he desired that the taking of testimony should cease and expressed satisfaction at the announcements. He then stated that in view of the importance of the case, hn ha n n keep the jury together until the close of the trial He therefore ordered that the jury be confined under the same conditions as at the beginning of the trial. Mir. Jerome suggested that as this would be something of hard ship on the jurors. who had had no notice of 1t, they should be allowed to go until o'clock, in order to arrange their affairs
 Jurors Allowed To GO.
 This Justice Fitzgerald agreed to-, and a recess until 3 o'clock was or- dered. Justice Fitzgerald asked the attor- neys to submit to him in writing any requests they might have to make as to his charge to the jury.
 Mir Delmas announced that he would begin his summing up address at 2 o'clock.
 IiotLlCt hSSoLhcy SSAOANNO eNSSN sA sO could be given an idea of the time the defense would require.
 'In a case of this character" said MT. Delmas, when the testimony has been so voluminous. and where there have been 6o many interruptions, I deem it my duty to refresh the minds of the jurors as to the testimony so far as possible. It may take two or three, or four hours to do this If my remarks are not concluded tonight and I find it necessary to intrude into to- morrow's session, I shall agree to an adjournment until the next day to meet the District Attorneys request that he be allowed a day to himself in which to make an uninterrupted address,
 "The court, then. is powerless. to de- termine how long MT. Delmas will re- quire," said Justice Fitzgerald, who then informed the jurors that after o'clock they would be kept together until the end Is reached
 DeImas Begins Appeal.
 One of the spectacular moments of the Thaw trial was that in which Del phin Michael Delmas arose this after noon to address the jury for the de- fense. It was his final plea to the twelve men who are to pass on the fate of Harry K. Thaw, and no stage set ting could have been better set than were the surroundings in which the attorney found himself when, with a bow to the court and the jury, he be- gan an argument that promised to be as interesting as any of the many sem sational features that have marked the developments of this trial.
 The court room was packed to the doors and scores of eager men and women were barred because of the limited number of available seats.
 Every member of the Thaw family and most of the alienists who have testified, either for or against the de- fense were present. A good many law yers who have been waiting for this opportunity to hear the widely herafded pleader from the Pacific coast, also were on hand and every one of the 300 spectators followed closely the words of the lawyer.
 Before nodding to MT. Delmas to be- gin. Justice Fitzgerald ordered the court attendants to maintain perfect order.
 MT. Delmas began his appeal to the jury by quoting from an utterance of District Attorney Jerome during the trial He said:
 i've have no right. If the real facts were known, to be here trying this man, and would be absolutely prohibit ed by the statutes.
 Had you heard these words" con- tinued the attorney from some ire sponsible babbler instead from an of ficial charged with a great public duty: had they been spoken in place where idle men resort to indulge in idle talk, instead of in a tribunal wherein jus tice presided in solemnity; had the oc- r' ' 'Ney were uttered been
 some insigni-
 debate, the is-
 cath, and had