Omaha daily bee., 1907-03-23
THAW JURY EXCUSED
Judge Fitzgerald Gives the Panel Recess
Until Wednesday Morning.
LUNACY COMMISSION UNDER ADJUSTMENT
Defense Will File Counter Afidavits at
~ This Afternoons Session.
JEROME WILL REPLY MONDAY AFTERNOON
Court Will Decide Whether Hearing Is
Necessary by Tuesday MSruing,
DEFENDANT AND FAMILY IN COURT ROOM
Neems In Good Spirits and Says He
Does Not Fear Lunacy ComniIs-
sion-HartridEe Replies TO
Jerome's Structures.

NEW YORK. March 22.-The Thaw jury
was brought before Justice Fitzgerald in
the supreme court today and told they need
not attend the trial again until next
Wednesday morning. Justice Fitzgerald
said he would receive affidavits of the de-
fense IN answer to the suggestion Of Dis
trict Attorney Jerome that Harry X. Thaw,
on trial for the murder Of Stanford White,
Is at the present time in q condition Of
mental unsoundness which makes him in
capable Of advising his counsel under
standing the proceedings against him.
Justice Fitzgerald has designated tomor-
row afternoon at 2 O'CLOCK as the time for
the defense 70 present its affidavits in the
clerks Office. He stated today that the dis
trict attorney might have until Monday to
make response to the showing of the de-
fense.
Clifford Hartridge Of Thaw's counsel
stated today that the afidavits to be pre-
sented I'm Thaws behalf would be made by
Ills attorneys and the various alienists who
have appeared for the defense. These afh-
dGvits merely will state that Thaw at pres
ent is able to advise his counsel and fully
understand the proceedings against him.
Letters to lie Submitted.
THAT is all the law requires us to say"
said the attorney. 1T is not question as
TO whether he is of unsound mind at all;
the only question at issue is whether or
not he understands the proceedings against
him. We claim we can produce overwhelm-
ing proof that he does. We will also submit
documentary evidence-Thaw's own writ
ing"
When Justice Fitzgerald took his place on
the bench today all the members OF the
Thaw family were seated in the court room,
ri ia ~
bar he seemed surprised and delighted to
find them present They had all been ex-
cluded ever since the taking of testimony
was begun The prisoner bowed to each
member of the family group in turn and
they all smiled at him confidently.
OF Thaws counsel neither Mr. Delmas
nor Mr. Gleason was present 1t was gen
orally understood the proceeding was to be
but a formal adjournment of court until
Justice Fftzgerald has had time 10 satisfy
khis conscience as to whether commission
in iunacy shall be ordered.
Hearing May he Necessary.
As the short session was formally opened
District Attorney Jerome suggested that
the jury be excused until Tuesday morning
next. Justice Fitzgerald thought Wednes-
day would be early enough and he so in
formed the jurors and they Immediately
withdrew.
Justice Fitzgerald then told the attorneys
that II he desired hearing in the matter
of the proposed commission he would in
form them by Monday evening or Tuesday
morning.
After the jury had retired Justice Fitz-
gerald said that on yesterday Mr. Hart
ridge had attempted to be heard.
II understand" he continued, that he
had something to say in the matter OF ad-
journment, and l would not allow him 10
proceed. II occurs 10 me now that he
might have desired to make a statement
with reference to the district attorneys
remark that he served notice on the counsel
of record that IL they possessed in
formation he believed to be in their pos
session he would call the matter to the
attention OF the appellate division. I will
hear Mr.. Hartridge now il he so desires"
Before Mr.. Hartridge could reply Mr..
Jerome came forward with a statement
II did not mean to charge Mr.. Hartridge
with unprofessional conduct" said the dis
trict attorney, but l stand on what said
that If l find at the conclusion of the trial
that they had possession OF knowledge
!. which would lead one to believe they had
persisted in trying a man incapable OF un-
derstanding the proceedings against him ]
would take the matter up. II my remarks
conduct 1 was simply unfortunate in my
expression"
Mr.. Hartridge said:
The district attorneys remarks were
given the widest publicity and / did wan
70 have an opportunity to reply. What he
said 10 me In the course of q private
conversation at which no one else wai
present. Il was only a suggestion that Il
anything developed In the line OF Wha
he has pointed out he would take the
matter up.
Not Hiding Testimony.
replied to Mr.. Jerome by telling hin
that II ne thought our eiient was lnsan,
answered that there was a big di1erenc,
between official opinion and unoficia
that Harry Thaw was insane he woulC
come out and say 50. He also said tina
We ought not to suppress any testimony
which would tend TO shed light on the de
tendants present mental condition. l tolS
him We were not hiding or suppressinl
Intended 20 do with regard TO the testlmon!
OF Dr. Blngaman and Dr. Deemar, th'
Thaw FAMILY physician and asked II w
would permit him TO examine them in hi
Office / said we had not the slightest OBJ
examination. This examination took plac
and 10 was our understanding that any
thing the physicians said was to 5,
presented 70 this court We tried to Re
the testimony Of these physicians befor
the Jury at the beginning Of this trial bu
Vjections iSterposed by the district attorneS SS
When these doctors went back 70 Pits
burg Il was with the expressed under
standing announced IN court that the,
would return whenever the district attornei
desired.
THAT was all that was said with regar
10 the suppression OF testimony. Now YOU
honor will see that instead Of suppressin
the testimony OF these witnesses, W
brought them here, placed them on IN
stand and at last went 10 the extreme o
allowing the district attorney fully 10 eN
anime them IN his private Office.
Mr.. Jerome said he had nothing NOR
70 say at this time and court adjourned.
what May BE Done.
II Justice Fitzgerald decides to appoint
commission IN lunacy IL win consist OF thTe
mepibers-an alienist lawyer and lay
man The alienist must necessarily be on
who has not figured IN the case. The com
nission. n chosen, viii examine Thaw an
report 70 the court II IL were to ina hin