Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-23
Letter Written by Defendant Ap-
pointing the Californian Chief
Counsel Included.
NOTES MADE DURING THE TRIAL
Instructions to His Counsel as to How
His Defense Should Be Conduct
ed Are Also Submitted to
the Court.

defense of Harry Thaw as to his mental
condition and whether or not a commission
in lunacy should be appointed to examine
him were filed at noon today with the
clerk Of the supreme court. There were
eight affidavits, of which that of Dolphin
Mr.. Delmas in his affidavit declares it to
be his opinion that Thaw has been, and u.s.
capable of understanding the nature and
object Of the proceedings going on against
him. of comprehending his own condition
in reference to such proceedings, and of
conducting his defense in rational man
ner, and that during the whole of the
trial he has understood the nature and
object of such proceedings; has compre-
hended his own condition in reference
a rational manner. This opinion, the af-
fidavit says, is based upon the professional
relations Mr.. Delmas had with the pris-
oner since the beginning of the trial, and
the many communications he has sent to
Thaw and received from him. Eighteen
letters received by Mr.. Delmas from Thaw
during the trial. and several slips of paper
containing suggestions with reference to
the conduct Of the proceedings actually
going on, which were handed him BY Thaw
in the court room, are a part Of the at
fidavit.
The Afidavits Filed.
The Thaw trial stands adjourned until
Wednesday next, as directed by Justice
Fitzgerald at the brief session of court yes
terday, but this afternoon, in accordance
with the Justices prior instructions. coun-
sci for the defense filed affidavits and other
evidence in controverting the affidavits sub
mitted by District Attorney Jerome to the
effect that the prisoner is of unsound mind
and incompetent to consult his lawyers.
One of the letters puts Mr.. Delmas in
charge Of the case.
The circumstances under which the letter
was written are said to have been these:
The second day Of the defense, which
was shortly after the trial began, it al
most broke down owing to the district
attorneys savage onslaught upon its first
medical witness, DIR. Wiley. Differences
ensued among Thaws lawyers, and 1t was
reported at the time that Mr.. Delmas told
Thaw that if the then confused state OF
his defense lasted he would not be RESPONSE
BILE for the outcome of the trial. Upon this
Thaw wrote to Mr. Delmas from the Tombs,
making him his leading trial lawyer. MI.
Delmas will accompany the letter today
with an affidavit by himself that his client
is we'll able to consult his counsel and that
he has done so daily since the trial began.
Messrs Hartridge Gleason, McPike, Pea
body and O'Reilly filed similar affidavits.
The two last named set forth that they
have sat beside Thaw in the court room
every trial day and that they have visited
him often in the TombS and that on all
occasions he has been capable of forming
sane judgments as to the conduct OF MS
case and in expressing them.
Filed a Number of Letters.
In his attempt last flight to show that
Thaw was insane District Attorney Jerome
filed with his affidavits number or letters
written by Thaw to J. Dennison Lyon, his
banker in Pittsburg. Some of them were
written prior to Whites death and some
subsequent to it from the Tombs. They
were made public last night through As
sistant District Attorney Caravan.
The letters are odd specimens Of CORE
spondence, being in the main disconnected
sentences, with not a few misspelled
words, yet they apparently show an appre-
citation of the practical matters Of life the
young Pittsburg man was leading before
he was locked up in the Tombs for shoot
ing White, and his plight when he was i'm
prisoned. The contention of Mr. Jerome is,
however, that their indifference and other
characteristics show that the writer is not