Daily Arizona silver belt., 1907-01-31
SAY HARRY THAW
 WILL CLEARED
Expert opinion on the Case by Attor- neys--Belief that He Will Be in In sane Asylum a Week After Taking of Testimony Begins.

oi thc udy Wheh bhe hhu Picpatatiohs had been made by the counsel for liar " Thaw some of the counsel were guests at public dinner. After the more formal exercises were ended and colloquial chatting took place of speech making, there came opportunity to ask these counsel what in their view the result of the trial of Thaw would be. It was observed that the answer came instantly and with sincerity, although it was somewhat ambiguous. They said: "He will be cleared We have no doubt of that. !"
 It was left to the inference of each of those who heard this answer what it's meaning was, whether the counsel ex- pect to secure verdict of not guilty or whether they mean that, being found mentally unbalanced, he would for that reason be declared irresponsible, and in that sense not morally or legally ac- countable for the homicide. Certainly the counsel expect that this wealthiest person ever accused of homicide in a New York court will escape the electric chair, and even life Imprisonment, un- less it should ohappen that, being i'm prisoned as criminal insane person he should not recover his sanity in the asylum, but instead should die in that place.
 Unless there comes some disarrange
  ment of plans, the trial of Thaw should be well under way before the end of the week. In fact, so far as the dis trict attorney is concerned, the presen- tation of proof need not necessarily oe. cupy more than n few hours. District Attorney Jerome is compelled to do no more at first than to prove that stan ford White was shot on certain even ing in certain specified place and at a specified time. Next, he must prove that the homicidal shots were fired by Harry K. Thaw, and that he was imme diately captured, and it may be possi ble for the district attorney also to prove that Thaw at that time made con. fession that he did aim the pistol to fire the shots at Stanford White.
 Testimony of that kind would require not more than perhaps one day. There may come, however, interruption, the introduction of another proceeding, and there is no member of the bar at New York who has given any heed to this case who does not believe that if the published reports of the homicide are correct, then in no other way than by the introduction of this defense can Harry Thaw escape verdict of guilty murder in the first degree.
 It may be, however, that the counsel will undertake to show that Thaw was not irresponsible just before the shoot ing nor in fact soon after the homicide, but at the very moment that the crime was committed, he was under the dom. ination of such overwhelming impulse as to have no responsible conception of what he was doing. That is sometimes called, although rather inaeeurately, the plea of emotional insanity.
 The third plea that may be offered will consist of a request to the court that there be examination of Thaw with intent to discover whether he is now suffering from some physical lesion, some disintegration of the brain, which would justify the immediate removal of him from court of justice to an asy lum. That means, of course, the com initial of Thaw to the asylum for the criminal insane, so that if the medical authorities should afterward report him sane he would still be liable to prosecu- tion upon the indictment for murder.
 While it cannot be known for eer. tainty precisely what appeals have been made to Thaw or to those who are very near to him, yet the reasons are very strong for inferring that counsel. with out exception, and surely the counsel first retained, are of the opinion that Thaw can only escape conviction of capital ofTense by the proof that he was or is now or has been for many years morally, and therefore legally, ir. responsible; that he is, in fact, dan gerous person and has been, and that while he committed no sin, being ire. sponsible, nevertheless, for the safety of the community, he should be confined until he recovers his mental health.
 It is also reasonably inferred that all of the distinguished alienists who have had opportunity to examine Thaw,1al- though some of these opportunities were for no more than superficial examina- tion, have no doubt that he should be transferred immediately from the court of justice to an asylum for the insane.
 It is very doubtful whether the court will permit the introduction of testi- mony tending to show any prior relation of Stanford White with the Nesbit fam fly, unless that testimony is offered to show also the legal Responsibility of Thaw. Therefore, it is difficult to see how counsel for the defense can intro. duee testimony of that kind unless they expect to persuade the jury that Thaw was actually insane at the time of the shooting.
 The court may of its own motion, as Justice Scott did in recent murder trial, adjourn the court, awaiting the report of competent medical authority. 30 that the court may properly deter. mine whether Thaw is now mentally unbalanced or not. The trial may be