The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-04-06
,JEROME GIVES
UP A.PP[.A|! | N MOVE [
On Advice Of Legal Friends, Dis
trict Attorney Will Not Ap-
ply for Writ.
CASE G: l:': PROCEEDS | ]; !: ON o MONDAY d d !,
sDelmas May Speak for Two
Day eroIne 81 ii /. Ask for
Conviction Of Murder.
CASE PROCEEDS ON MONDAY

fFs5t
NEW YORK, April 5.-The trial Of
Harry X. Thaw will proceed Monday
morning. when Dolphin NJ. Delmas, the
leading counsel forSthe defense, will
begin his summing up address to tho
jury. District Attorney Jerome de-
cided late to-day not to apply to the
appellate division Of the Supreme
Court for writ Of prohibition or
mandamus to halt the trial. fIc
reached this decision, 1t was said, after
a consultation with eminent counsel.
Mr.. Jerome may argue briefly on Mon
day morning against the confirmation
of the report Of the lunacy commits
sion which declared Thaw to be sane,
but he Is aware that Justice ritz-
!! gerald's disposition is to confirm the
report, which was unanimous The
district attorney has many witnesses
still under; subpoena, but 1t Is said
he has decided not to call them, and
will press tho trial forward; to al,
early verdict.
When Justice Fitzgerald yesterday
|
access to tho minutes Of the lunacy
ccmmission Mr.. Jerome threatened to
carry the matter to the appellate divi.
sion on the ground that he had been
eAcluded from tho fEll examination
1 OF Thaw by the commission. He said
lie had been willing to waive tho right
| to he present, with tho understanding
| of course, that he was to be allowed
! to have possession of the testimony.
lie had promised the commission not
to use this testimony against tho pris-
oner in any way at his trial.
Second Thought Best.
Immediately after yesterdays ad-
journment, Mr.. Jerome set about seek
Ing preccdents upon which to base his
application to the higher courts. He
| was at court again early this morning
and then went to the appellate division
| building. Instead of applying for d
stay OF trial. Mr.. Jerome sought coun-
sci among his judicial friends. and II
is said to be upon their advice that he
\ reconsidered his determination to press
| the natter
DR.. Hamilton was on the stand as q
| witness for the defense when the tria
proper was halted more than two weeks
ago. In order that the record may
he kept straight, he probably will he
recalled Monday morning. although he
may not be permitted to testify.
There was u stipulation In court
some weeks ago that each side was tc
have one day for summing up IT was
learned Tonight, however, that Mr..
Delmas may speak for two entire days
II he wishes this time 1t undoubtedly
will be granted to him.
District Attorney Jerome has stated
that his summing up would not re-
qure moro than three or four hours
lie will ask the jury to convict Thaw
of murder in the first degree, MI
/. No reference will be4made or allow
ed on either side ito the appointment
4 of the lunaoy commission or the ma
/ tnre OF Its findings, Mr., Jerome viii
claim that Thaw was sane enough to
know the nature and quality OF his
act when he killed Stanford White,
and to know that the act was wrong,
This is the definition IN this State
of legal sanity, Regardless Of his en-
.|EprHssea personal conviction In the mat
i ter. Mr.. Jerome told tho court yes
4 terday that II wonld be his duty to
press the prosecution OF the defendant
to the utmost. n
The trial on Monday Will enter Its
! Twelfth and what Is confidently ex,
4 Rected at last to be- Its anal week.