Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-24
The Delmas Affidavit.


The principal affidavit made in Thaw's
behalf is signed by Dolphin NJ. Delmas, his
leading counsel Mr.. Delmas attaches to
his personal statement a score or more of
Thaw during the progress Of the trial.
These writings of the defendant, Mr.. Del
mas declares, clearly indicate his grasp of
the proceedings and have contained from
course of the defense. Many of, Thaw's
notes to Mr.. Delmas were addressed to the
attorney in court, this method of communi-
that the attorney with the beginning of
the introduction of testimony left his place
at Thaw's counsel table and moved to a
better vantage point inside the railing,
where the district attorney and his assist
ants had taken up their position.
The affidavits which Thaw's counsel hope
will block Mr.. Jerome's move for lunacy
commission were filed with the clerk of the
supreme court this afternoon and were
turned over by him to Justice Fitzgerald,
who will announce his decision probably
on Wednesday morning next, when the
Thaw jury has been ordered to report
again. Justice Fitzgerald will indicate the
fact to the opposing counsel on Monday
if he desires further hearing on the SUBJ
ject of a commission. Whether or not
commission will be appointed rests sole
ly with Justice Fitzgerald, whose conscience
was appealed to by the district attorney.
Thaw Entirely Capable.
Mr.. Delmas in his affidavit says:
THE professional relations which 1 have
held with the defendant since the begin
ming Of the trial until the present time,
the many interviews I have had with
him during that period, the many commun-
ications 1 have sent to him and received
from him. coupled with my experience at
the bar, enable he to form an opinion of the
capacity Of Harry K. Thaw as regards his
understanding of the proceedings against
him and power to make his defense.
And I do, upon my oath, solemnly state
that during all the time of his trial Harry
K. Thaw has been and is capable of under
standing the nature and object of the pro-
ceedings against him; of comprehending
his own condition in reference to such pro-
ceedings and of conducting his defense in
a rational manner and that, during the
whole of the trial he has understood the
nature and object of such proceedings,
MS OWN COnQltlOn In
reference thereto and has conducted his
defense in a rational manner"
The chief exhibit cited by Mr. Delmas is
the note from Thaw appointing him chief
counsel the second day of the defense 1t
will be remembered that the first day of
Thaw's defense was decidedly disastrous
to his case.
Letter to Delmas.
Mr.. Delmas declared that Thaw wrote to
him as follows: t--5 p
Dear Mr.. Delmas-On the 9Th of this
month, at the request of my then senior
counsel with all other counsel, concurrine
and on my own motion. appointed you my
chief counsel, to conduct and manage the
present trial before Justice Fitzgerald, in
accordance with your own views and plans
giving you full authority in the matter. 1
wish today to reiterate and confirm every
thing that was then done in these prem
Uses, and to tell you that no one but you
has any right or authority to make any
agreement or stipulation in any manner
relating to the conduct of the trial, or to
take any unauthorized steps therein Very
sincerely yours, H. K. THAN"
With reference to the proposed testimony
of the artist, Carroll Beckwitfl. Thaw
wrote to Mr.. Delmas: "I insist that my
counsel produce Mr.. Beckwith TO testify
regarding what he told me TN the fall of
1908, in 1904. 1905 and 1906 concerning Mrs.
n X, Thaw's character and eoodnesS In