The free lance. (Fredericksburg, Va.) 1885-1926, 1907-02-19
Is THAW INSANE?
District Attorney Expected to Apply
For Lunacy Commission.
EXPERTS CLOSELY WATCH HIM
Jerome viii Admit Insanity Evidence
OF Defense and Thaw's viii to Paw.
the Way TO Apply For a Commits


Of Defense and Thsw's viii to Paw,
the Way to Apply For a Commits
sion.
New York. Feb. l6.-Close observ
crs Of the trial Of Harry X. Thaw
which has been postponed until Mon
day because Of the death Of a jurors
wife. believe the present trend Of the
trial. as shown in the last TWO days. Il
toward a commission in lunacy to de
termine officially Harry Thaw's coudi
ton OF mind.
This belief Is suggested by District
Attorney Jerumes apparent willing
ness 10 admit part OF the will, by his
readiness 70 withhold technical oh.
lection TO the testimony Of the Thaw
family physician tending to throw
light upon the defendants mental
status. and by his policy In admitting
without opposition the conversation
between Thaw and Dr. Evans when
the latter was examining The prisoner
IN the Tombs
Counsel for Thaw have reached the
opinion that the trial may be termt
mated abruptly any day next week
from this cause. So fully convinced
are they that Jerome will make this
move that they are planning to fight
H.. 80. .l.f. rf,, Than. hfr,,aoiF te orod
tied with having declared that he
would face Sing Sing and the death
chamber In preference 10 the asylum
80 It can be seen with what feeling
this expected move of Mr. Jerome's Is
creating in the camp OF the defense.
One Of Thaw's lawyers. in speaking
of the probable plan for a lunacy
commission. said.
AS the case has progressed from
day to day We have become more and
more convinced by the conduct OF the
district attorney and his experts who
are observing the defendant for him
that il has been and Is his purpose &c
lead the case TO the point where he
can apply properly for a commission
in mnacy
we don't want the man declared
insane. We want him acquitted ne
said.
Since the very first day Of the court
proceedings Mr. Jerome has had his
experts present In court Drs. Flint
Mcdonald and MahOn have not missed
an hour. and they have been making
close study of the prisoner. They
have frequently taken notes on his
physical demonstration. the condition
of his nerves. the movements OF his
eyes and similar matters. and It Is
believed By counsel for the defense
that the experts are now in mind 20
testify that the man who Is on trial
for his life, whether he was sane or
Insane on the night OF June %. is in
sane now. If he is insane now the
trial cannot proceed under the law.
II this procedure Is adopted, the an
tlclpated tearing down OF the testi-
mony Of Mrs. Evelyn Nesbit Thaw I'M
der cross-examination by Mr. Jerome,
may not come about after all Mrs.
Thaw's direct examination is still In
complete. II has been broken into
time after time by the lawyers for the
defense without protest from the dis
trict attorney Her direct examination
even may not be finished. for when
the trial Is resumed DR.. Evans will
return to the stand to substantiate his
opinion that. Thaw was insane when
he visited him in the Tonbs during
August and September. lie will try
10 do this by using Thaw's own words
TO him during three examinations.
As the case stands Thaw is assumed
TO be of sound mind, None of the eX-
merits called by the defense has said
that in his opinion Thaw is insane
now. DR.. Evans. whose testimony is
not complete, testified this week that
I'm his opinion Thaw was Of unsound
mind when he killed White. also that
he was OF unsound mind during the
first three visits he made to the
Tombs. but that Thaw improved there
after
All the other experts to be called
bv the defense will. It is said, testify
that Tbav is of sound mind today.