Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-04-08
THE THAW TRIAL.
CONTINUED from Page One.)

tie case was suddenly stopped by The
district attorneys suggestion for the
appointment of a commission in luna
cy, VIII probably be recalled 10 the
stand when the trial is resumed Mon
day. He has already testified that ne
believes that Thaw was insane Wncn
he shot Stanford White and viii proba-
bly, repeat that statement. The lunacy
commission having decided that ThaW
is now sane, Mr.. Jerome will probably
be prevented from asking DR.. Hamilton
regarding his opinion as 10 Thaw's
present sanity. Therefore. there is lit
tie that he can cross-examine the alien
list on.
Whether or not the State will call
any more witnesses is problematlcaL
1t is said that they expect to require
no more than IN hour TO complete
their case. II this is true. there is no
reason Is ny the case should not 80 70
the jury o. Thursday.
Distri a; Attorney il rome stated Set
urday !. ST that ~ h3d I'D more wit
nesscs chose evidence he would try to
place before tie jury. Under the legal
procedure of the courts of New York,
the sur-rebuttdl of the defense ends the
case. The only way in which the
prosecution can get evidence before the
jury after the defense closes its sur
rebuttal is by special permission Of the
court on the ground that the evidence
is newly discovered or that the witness
was not within the jurisdiction of the
court when the prosecution was put
Ting in its direct case. 1t has been
runOred that Mr.. Jerome would at
tempt to put several new witnesses on
the stand after the final close Of the
defenSe'S case, but his statement to-
night puts that rumOr to rest
some weeks ago at one OF tho many
times when the case seemed nearing its
close it WAS agreed between the attor-
neyS that each one should have a full
day to himself for his summing up in
ether words. that neither should be fore
cd 10 break his address in the middle. Mr.
DelInas stated at that time that he would
not require more thar one day for his
argument. It is said now, however, that
he may require TWO days. If this is the
cnse, he will probably begin MonGay. Ie
should finish Tuesday.
Mr.. Jerome still says that he viii not
require more than one day and therefore
at the latest he should complete his argu-
inert Wednesday. Justice Fitzgcrald's
charge to the jury should not require
more thar three hours, and it is therefore
possible that the case will be placed in
the lurvs hands Thursday.
Mr. Delmas will go before the jury with
a Plea for an absolute acquittal on the
g-ourd that Thaw's mind was unbalanced
at the time he committed the crime and
that in view of the fact that he has since
recovered his mental balance he should
be allowed to go absolutely free.
Mr.. Jerome, on the other hand, will ar
gue that Thaw was sane within tho
meaning of the law when he killed STAN
ford White: that the crime was planned
and premeditated and that he should suf-
fer the p"nalty of the law. While Mr..
Jerome conscientiously believes that
Thaw is insane today and should be in
carcerlted in some institution where he
could not be menace to the commune
", the commission has decided that he
is not. and there is nothing for the dis
trict attorney to do but demand that
Thaw be sent to the electric chair.
Il DO not expect that it viii take more
than an hour to close our case said
Clifford w. Ha-tridge. Thaws attorney,
of record. Saturday night.
Our evidence il ell in, save for a few
matters purely formal, nothing remains
but the summing up. / am not sure
whether Mr.. Dclmas will be able to finish
his address in one day, bnt he may begin
Monday"