Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-03-22
Judge Fitzgerald Designates To.
morrow as Time for Defense to
Present Them in Clerks Office.
JURY OFF TILL WEDNESDAY.
Defendants Family Were MI In Court
For First Tirnos Since Taking
Oh Testimony Began.

today In the supreme court and told
they need not attend tho trial again
until next "Wednesday morning. In the
meantime Justice Fitzgerald said he
would receive affldavits from the de-
Tense In answer 10 tho suggestion of
Dist Atty. Jerome that Harry X
Thaw. on trial for the murder OF STAN
ford White. is at tho present time in 4
condition OF mental unsoundness which
renders him incapable OF advising his
counsel or Of understanding the pro-
ceedines against BIN.
Justice Fitzgerald has des grated to-
morrow afternoon at ? O'Clock as the
time for the defense to present its aill-
davits In the clerks office. He stated
to-day that the district attorney might
have until Monday to make response TO
the showing OF the defense
WHAT AFFlDAvITS WILL STATE
Clifford Iaartrldge. OF Thaw's cOnn
sci, stated Today that the afiidavits 10
be presented In Thaw's behalf would
be made by his attorneys and the vari-
GUS alenists who have appeared for the
defense, These affiuavits merely Will
state that Thaw at present is able to
advise his counsel and fully understand
the proceedings against him. THAT Is
all the law requires us 10 say said the
attorney. 1T Is not a question as to
whether he Ia OF unsound mind at all
the only question at issue ls whether or
not he understands the proceedings
against HIM We can produce over
whelming proof that he does We WILL
also submit documentary evidence III
Thaw's own writing
When Justice Fitzgerald took his
place on the bench today all the MEM
bers OF the Thaw family We're seated
In the courtroom and when Harry
Thaw WIS called 10 the bar he eeomed
surprised and delighted to find them
present. They had all been xcluded
ever since the taking OF testimony was
begun The prisoner bowed to each
! member of the family sreu Pr aJad Ia
turn they all bowed and snaled al
him contiden OF Thaw's counsel
neither ,Afr Delnas nor Mr. Gleason
was present IT WAS generally under
stood the proceeding WAS to be but a
formal adjournment or court
AS the court was formally opened
Dist Atty. Jerome suggested that the
Jury be excused until Tuesday morning
n ext. Justice Fitzgerald thought We'd
nesday would be early enough he
So, informed tho jurors and they I'M
nodlateIy withdrew Justice bttsger'
aid told the attorneys that II he ue-
sired snearing in the matter OF the
proposed commission he would INFORM
tham by Monday evening OF Tuesday
morning.
After the jury had retired Justice
Fitzgerald said that only Mr.. Hart
ridge had attempted TO be heard,
STATEMENT BY COURT,
II understood" he continued. that
he had something to say in the mat
ter OF the ttrnc Of adjournment, and
cld not allow him to proceed. II oc-
ours to me now that he might have
desired to make q statement with ref
erence to the district attorneys re-
mark thai he served notice on the
counsel OF the record THAI if they pos
sessed Information he believed to be
in their possession. ho would call the
matter to the attention OF the appel
late division. ! will hear Mr.. Hart
ridge now II he SO DESIRES
JEROME EXPLAINS.
Before Mr.. Partridge could reply
Mr.. Jerome came forward with Il
statement. IT did NOT mean to charge
Mr. Hartridge with IN protest. onal
conduct said the district attorney.
but l stand on what | said that II
find at the inclusion OF the trial
that they had possession of knowledge
which would lead one to believe they
had persisted In trying IMAM In
capable OF understanding the proceed
lnEs against him, ] would take the
matter up. II my remaraks We're
con strued as charging unprofesslonal
7 al r1f1 to
my expression
HARTRrDGE REPLIES,
Mr. Hartrlage said. "The district at
tOrneys remarks were given the widest
publicity and | did want 10 have an
opportunity TO reply. What ne said to
me WAS In the course Of a private con-
versation at which no one else was
present. II was only suggestion that
II anything developed in the line of
that he has pointed out he would take
the matter UP.
him that II he though our client was
insane he should come out and say
60 He answered that there WAS a
big difference between an Official opln-
Ion ana an unofficial opinion: that II
he was convinced Officially that Harry
Thaw was insane he would come out
and say 30. He also said that we
should not suppress any testimony
which would tend to shed Hight upon
the defendants present mental con-
dItlon- i told him We were not idlng
or suppressine anything, H- wanted
To know what we Intended to do with
regard 10 the testimony OF Dr. Binsa-
man and Or, psemar. the Thaw family
physicians and asked II we would
permit him TO examine them In his Of
fIce. / said we had not the slightesr
objection 80 long as I could be present
at the examination. The examination
took place and II was our understands
ing thar anything the Physicians said
was 10 be presented to this court We
tried to get The testimony on these
physicians before the Jury a the begin
ming OF this trial but II was ruled out
ON technical legal objections interposed
by the district attorney, When these
doctors went back 70 pittsburg II was
the express understanding, announced
IN open court, that they would return
whenever the district attorney desired
them,
THAT Ia all that was said with re-
gard 10 the suppression Of Testimony.
Now. YOUR homer VII see that ipstead
81 supervising the testimony Of these
witnesses we brought them here, placed
them upon the stand and AZ last went
TO The extreme % allowing The dStrlc
attorney fully 10 examine lhern In his
private office Mr., Jerome said lac had
nothing nrnrc To say at that time and
court adjourned.