Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-08
THAW WILL KNOW
FATE VERY SOON
All the Evidence is in and DEL
= mas Sums Up.
HAMILTON LAST WITNESS
It is Thought That the Trial Will Be
Concluded Wednesday.
JEROME'S PROTEST OF NO AVAIL
Judge Fitzgerald Signs the Report Of
Lunacy Commission and the
Trial Proceeds.
HAMILTON LAST WITNESS
jEROME'S PROTEST OF NO AVAIL

A verdict in the Thaw case may be
reached by Wednesday night When
the trial was resumed today Justice
Fitzgerald overruled District Attor-
ney Jerome's formal protest against
the confirmation of the report of the
commission in lunacy which de-
clared Thaw sane. The justice signed
the report and ordered that the trial
proceed. DR.. Allan McLane Hamil-
ton was called as the last witness,
but the district attorney objected to
his testifying at this stage of the
case. The objection was sustained,
and then both the defense and the
people announced that they rested.
NEW YORK, April s.--when the Thaw
trial opened this morning it was believed
that it had at last entered upon its final
week. Eleven weeks already have been
consumed in the trial. making it the long
est in the history of New York's criminal
courts.
Harry Thaw's family were early in court
and took the seats they have occupied on
all occasions when they have been allowed
in the court room. Evelyn Nesbit Thaw
wore the familiar blue suit and the black
sailor hat which several days appropriated
the blue trimmed with violets which
she wore during the early days of the
trial.
She occupied seat on the aisle Next
to her sat Mrs. William Thaw. the Coun-
tess of Yarmouth and Edward Thaw In
the front row of seats were Mr. and Mrs.
! George L. Carnegie and Josiah Thaw.
Justice Fitzgerald was a few minutes late
in taking the bench. When he did so and
before the jury had been brought into the
room. District Attorney Jerome arose and
said he would formally ask that the report
of the commission in lunacy which declared
Thaw sane be not confirmed. He had no
argument to offer. Justice Fitzgerald
reached for the commissions report which
lay on his desk and signed his name across
1t.
Trial to Proceed.
The trial will proceed" he ordered.
The jury then filed into the box and
Harry Thaw was called to the bar
Mr.. Delmas of counsel for the defensa
asked the clerk to call DIR. Allan McLane
Hamilton, the alienist who was on the
stand when the trial was interrupted more
than two weeks ago. Mr.. Delmas wanted
to get from DR.. Hamilton the opinion that
Thaw was insane when he shot and killed
Stanford White.
AS soon as DIR. Hamilton was seated in
objected.
He said DR.. Hamilton should have been
called as a witness by the defense in its
direct case. To call him in surrebuttal. he
declared, meant the reopening of the entire
case.
Justice Fitzgerald sustained the objection.
After he had done so, Mr.. Delmas argued
tina. DR.. Hamilton should be allowed to
testify for the reason that District Attor-
ney Jerome had on the last day of the trial
said he would withdraw his objection IL
Dr. Hamilton was allowed to tell eyery-
thing.
We accepted that offer" said Mr.. Dell
mas, and therefore feel we have the right
to proceed under the agreement"
Has No Discretion.
The court, as l understand the law
said Justice Fitzgerald, has no discretion
in the matter. There was no occasion to
rule on the question when it came up be-
fore. Had it come up at that time | would
have been forced to rule as l rule now.
The objection is Iained.''
After moments consultation with the
other attorneys Mr.. Delmas said
The defense rests"
THE people rest" said Mr. Jerome.
Justice Fitzgerald then announced that in
af tha
thought it would be necessary to keep the
jury together until the close of the trial
He therefore ordered that the jury be con-
fined under the same conditions as existed
at the beginning of the trial.
District Attorney Jerome suggested that
as this would be something of a hardship
on the jurors, who had had no notice of IL,
they should be allowed to go until 2 o'clock
in order to arrange their affairs.
This Justice Fitzgerald agreed to- and .
recess until 2 o'clock was ordered.
Justice Fitzgerald asked the attorneys to
submit to him in writing any requests they
might have to make as to his charge TO tho
jury.
Mr. Delmas announced that he would be-
oin his summing-up address at o'clock.
Instruct Attorney Jerome asked If he
couId be given an idea Of the time the de-
tense would require.
.In case of this character. said Mr..
Delmas, where the testimony has been
yolurninous. and where there have been so
many Interruptions deem it my duty to
refresh the minds of the jurors to the testi-
mony SO far possible. 1t may take two.
or three or four hours to do this. II my
remarks are not concluded tonight and
find 1t necessary to intrude into tomorrow's
session, shall agree to an adjournment