Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-03-22
understand the proceedings against

understand the proceedings against
him.
That's all the law requires us to
say" said the attorney. 1T is not a
question as to whether he is of un-
sound mind at ell, the only question at
issue is whether or not he under
stands the proceedings against him.
We claim that we can produce over
whelming proof that he does We will
also submit documentary evidence
ThaW's own writings
Thaw and Relatives IN Court.
When Fitzgerald took his place on
the bench today, all the members of
the Thaw family We're seated in the
court room, and when Harry Thaw
was called to the bar, he seemed sur
prised and delighted to find them pres
ent. They had all been excluded ever
since the taking of testimony was be-
gun. The prisoner bowed to each mem
ber of the family group in turn. and
they all smiled back to him confident
ly. OF Thaws attorneys neither Del
mas nor Gleason was present 1t was
generally understood that the proceed
ing was to be but a formal adjourn
ment Of the court until Justice f1tz-
gerald has had time to satisfy his con-
science as to whether or not COM
mission in lunacy shall be ordered.
AS the session was formally opened,
Jerome suggested that the jury be ex-
cused until Tuesday morning. Fitz-
gerald thought that Wednesday would
be early enough. He so Informed the
,olt tof fe1y Withdrew
Fitzgerald then told the attorneys that
df he desired hearing in the matter
of the proposed commission he would
inform them Monday evening OR Tues
day morning.
Jerome Explains His Break.
After the jury had retired Fitzger-
aid said that on yesterday Hartriase
had attempted to be heard.
.I understood" he continued, that
he had something to say in the matter
at that time of adjournment and ] DID
not allow him to proceed. 1t occurs
not allow him to proceed. 1t occurs
to make a statement with reference TO
the district attorneys remark that ne
served notice on the counsel of record
that IL they possessed information he
DeFGSeQ 10 pe III lhSiL Po's'Sss'S'''
would call the matter to the attention
of the appellate division. l will hear
Hartridge now, If he so desires"
Before Hartridge could reply. Je-
rome came Toward with statement
.I did not mean to charge Hartridge
with unprofessional conduct" said he,
"but stand on what said, il find at
the conclusion of the trial that they
had possession Of knowledge which
would lead one to believe that they had
persisted in trying man incapable OF
the proceedings against
him. would take the matter up. If my
remarks were construed az charging
conduct, l was simply
,Hartridge Makes Explanation.
Hartrids,e said in reply:
"The district attorneys remarks
were given the widest publicity.
81 did want to have an opportun-
ity to reply. What he said to me was
in the course Of private conversa-
ton, at which no one else was present.
1t was only a suggestion that If any
thing developed in line with what he
has pointed out, he would take the
matter up. replied to Jerome by tell
ing him IL he thought our client was
insane he should come out and say SO.
He answered that there was a big diff
ference between an official 'opinioc and
an unofficial opinion: that if he was
convinced officially that Thaw is in
sane ne would come out and say 80.
He also said we ought not suppress any
testimony which would tend to shed
light on defendants present mental
condition. told him we were not hid
ing or suppressing anything. He wans-
ed to know what we intended to do
with regard to the testimony of Drs.
Bingaman and Deemar, the Thaw fam
ily physicians. and asked if we
would permit him to examine
them in his office. I said we had not
the slightest objection so long as
could be present at the examination.
This examination took place, and 1t
was our understanding that anything
the physician said was to be, presented
to this court. We tried to get the tes-
timony OF these physicians before the
Jury at the beginning of this trial.
but it was ruled out on technical and
legal objections interposed by the dis
trict attorney When these doctors
went back to Pittsburg 1t was the ex-
press understanding announced in open
court. that they would return whenever
the district attorney desired them That
is all that was said with regard to the
of testimony. Now, your
honor will see that instead of suppress
ing the testimony of these witnesses,
we brought them here, placed them on
the stand, and at last went to the ex-
IRENE of allowing the district attor-
ney fully to examine them in his pri-
vate Office
Jerome said he had nothing more to
say at this time, and court adjourned.
MRS RFIAScO nFAD