Daily press. [volume] (Newport News, Va.) 1896-current, 1907-02-17
Juror SoI(oR Says He Will be
Able to Resume His Place
in the Jury Box.
iTHAU's COUNSEL ARE SATISFIED
Claim Not to Be Worrying over the
Situation and viii Oppose the
Plans to Have Lunaey Commits.
sion, Appointed--Mrs. Evelyn Thaw
May Go on the Stand Monday.
Try Associated Press)

= L y.
NEW YORK, Feb. 16.-The trial of
Harry X. Thaw will be resumed be.
fore Justice Fitzgerald on Monday
morning,
Funeral services were held today
over the wife of Juror Bolton and II
was said afterward that the jury.
man had expressed his readiness to
again take his place IN the Thaw
panel aud continue the trial Mr..
Bolton feels II his conscientious duty
Tor him to hear tho Thaw case to
the end. If Mr.. Bolton had droppcd
out IL would have meant the loss of
many thousand of dollars to tho state
anu TO the Thaw family A mistrial
would have been declared and fou,
weeks of the courts time would have
been wasted
Aside from the routine expense Of
1hror and witness fees the Thaw trial
Is costing the State n sum almost
equal to that which is being spent by
the defendants family in the attempt
70 prove the young man was insane
t@nen he shot Stanford White In June
25Ss last.
District Attorney Jerome has en-
rployed fo- the state three OF the
most eminent alienists of the country
and their fees alone will make the
case rival In cost the famous Moli.
neahN hearings which consisted of n
battle of experts almost from first to
last
Ihaw was much relieved today
when told that the Bolton family phv.
sician had informed District Attorney
Jerome that Mr.. Bolton would he able
to resume.
The prisoner had been npprehen.
sNe since the first intimation Of
Mrs. Bolton's serious Illness was re.
ceived That there might be mistrial.
Both he and his attorneys are anx.
tops that nothing now shall prevent
the case running its course.
ThaW's Counsel Satisfied.
Thaw's counsel believe their case
to be In excellent shape. Mr.. Jerome
also is anxious that the proceedings
be disposed Of either ly the verdict
OF the present jury or by the decision
ON a commission in mnacy. ho has
expressed his willingness Mt any time
to join with the defense in asking for
the appointment for commission to
determine the present state OF Thaw,s
mind.
The defense will. however, continue
IT'S effort to show that Thaw was on
plosively insane at the time he sho.
white and the effects of the brain
storm were still apparent in him for
three months after the homicide. bnt
that his Improvement has been so
great and progressive since the first
OF october last, that he is TODAY of
perfectly sound mind and even tenn
perate.
Many of the Thaw jurors when nm.
der examination as talesmen. were
asked If they would give the defend.
ant che benefit of the same reason.
able doubt as to his sanity or insan-
lty as thev would to the question of
quit or innocence In every case
the jurors said they could.
VIII Try to Show He is Now Sane.
Gharles Wagner and Dr. Evans. the
TWO alienists who have offered evi.
dence as to his state of mind at the
'lme OF the homicide. however are
yet to be cross-examined by Mr.. Je.
rome.
IL, after the cross examination of
Or. Evans and DR.. Wagner. the rea.
sonable doubt as to Thaw's sound
ness OF mind On June 25th last still
exists. the defense will try to show
mat Thaw at the present time is sane
ana entitled to absolute freedom. This
Is believed by many to be the most
difiicult part of the task still con.
fronting the defendants attorneys.
DR.. Graeme NJ. Hammond, who has
Deen constantly beside the prisoner
since the trial began, is expected to
testify as to Thaw's present mental
condition. He is one of the most
prominent alienists in the employ of
the defense. but he is not known 10
nave visited Thaw prior to October
last He was not with Dr. Evans
ana DR.. Wagner during their several
VISITS and 1t is said to be his prov.
ince to testify as to Thaw's compel.
encS today. There also may be adj
ditional technical testimony along
this line. While the defense appar-
ently seems to be nearing its close
there is so much actual work vet TO
he done that 1t Is difficult to forecast
lust when Thaws attorneys will rest
and when Mr.. Jerome will begin the
Introduction OF rebuttal testimony.