The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-02-16
Death of Jurors Wife May
Not Cause Delay.
NEW EVIDENCE TO BE OFFERED
DR.. Francis l.. Patton, Former Presi-
dent of Princeton University, to
mission May BE Asked For to De-
termine Defendants Condition.

Francis L. Patton, former president OF
Princeton University and president OF the
Princeton Theological Seminary, will be
witness for Harry X. Thaw on Monday.
Through Or. Patton the defense hopes
10 get in evidence a letter written by
Thaw soon after his arrest. 1t is the con-
tention that if this letter is admitted in
evidence it viii have great bearing on
Showing the condition Of Thaw's mind in
regard TO the killing of Stanford White
right after his arrest.
Thaws lawyers refused to-day to make
public this letter. It was written from
the TOabs not long after White was
killed on the Madison Square Garden
roof. According to Thaw's lawyers. this
letter was written during the period when
Thaw. according to the testimony of DR..
Britton d. Evans, was insane in the
Tombs. Because of DR.. Evans testimony,
Lawyer Delmas feels that the letter viii
be competent testimony to coFroborate
DIR. Evans testimony that Thaw was not
of sound mind in August, about two
months after the shooting. 1t was re-
called to-day that during the summer DR..
Patton called on Thaw in the Tombs.
Thaw's Present Condition.
There is a feeling in some quarters that
It viii not be long before an application is
made by somebody for the appointment of
a commission to decide whether or not
Thaw is now sane. Some persons think
that Jerome, or somebody acting for him,
will make this application. As a matter
of fact. Jerome has no such intention. II
IS known that JeTOmes mind is perfectly
open on the question of whether Thaw Is
sane or insane at the present time. At no
time have the alienists for the pTOsecu-
ton had a chance TO examine Thaw, and
Jerome has frequently referred 10 that
during the trial. while Thaws experts
were on the stand and an attempt was be-
ing made to get in evidence statements
made by Thaw in the TOmbs after the
shooting Mr. JerOmes attitude has been
that he wanted TO get at the truth. but it
had 10 be done in legal manner.
Defense Oppose Inquiry.
All the lawyers for the defense declare
that from their side will come no move
to have a commission appointed to inquire
into Thaw's sanity. All through the trial
the doctors for the prosecution have sat
about twenty feet away from Thaw and
watched him closely. but up TO the present
time, it is said, the doctors have not been
able to form any definite opinion as to
Thaws sanity. That is principally be
cause they have had no opportunity to
examine him.
Jerome or anybody else could make ap-
pIication for commission 10 decide
Thaw's sanity At the present time, but it
would have 10 De on evidence submitted
TO the court In the Terranova case
commission was appointed on the motion
of District Attorney Jerome, but that was
not until one Of the alienists for the de
Tense had declared that she was not only
insane at the time she killed her aunt and
uncle, but that she was insane at the
time Of the trial.
Lawyers McPille and HaTtridge OF COun-
sci for Thaw. seemed to be very much
disturbed about the talk of "a lunacy COM
mission.
The tendency of Mr. JerOme's con-
duct I'm this case" said Hartridge would
suggest that he would apply for a COM
mission in Iunacy. But any such appli-
cation will be fought by the defense and
if necessary. "a writ of prohibition will
be obtained"
Lawyer McPike was even stronger. He
even went into a criticism of Jerome's
knowledge of the law, saying that some
ndU tIIOIH lia0 btAtA 7 tu itl tllf Nfi9N-
Critieises JerOme's Knowledge.
Mr. Delmas will show before this ease
is over" said Mr.. McPike, that he is the
master of the district attorney. Mr.. Del
mas did not come from the West to learn
law. but to show persons here Il thing or
two about the manner in which a case
should be conducted. He scored heavily
on Mr.. Jerome yesterday, when he showed
him the law in New York State on the
admission of oral statements by a de
PENDANT.
THE error made by the district attorney
was the worst I ever saw. We would not
have cared a snap for a conviction If
this testimony had not been admitted.
This talk about the district attorney ask
ing for the appointment of a commission
is his last desperate gasp. He knows that
he has been beaten
During the trial it has been noticed
that Justice Fitzgerald has upheld Jerome
ON points of law more often than Delmas
has scored
In order that a commission in lunaCy
may be appointed, said Lawyer O'Reilly,
1t must De shown that the defendant is
unable TO advise with his counsel. That
is not the case with Thaw. and all that
Ntt4lN hC necessary ~ 6htR lliF dbEoAltA-
ment of "a commission would be an aft
davit from his counsel that he was able
to advise with them"
Wife Visits Thav.
Thaw was visited in the Tombs to-day
by his wife. Evelyn Nesbit Thaw, and
his mother, Mrs William Thaw. Young
Mrs Thaw gave the regulars a surprise
Sine has been appearing since her hus-
bands arrest in a girlish suit of blue
To-day she was all in brown, from her
shoes to her hat
After talking with her son for while
Mrs William Thaw went to the offices
of Lawyer Hartridge. She had to wait
some time before she SAW him, as he was
not there Then she went back To the
Tombs and had another talk with her son.
Mrs. Evelyn n. Thaw will be a witness
on Monday. She has more Of Il story to
tell. and IL is said that parts of il will
be even more sensational than what she
has already told. While she is on the
stand an effort will be made to get the
viii in evidence. This Will be fought on
every side by District Attorney Jerome.
on the ground that it is not admissible at
this trial. After young Mrs. Thaw will
come Mrs William Thaw, who. it is un-
derstood. will tell of insanity in the Thaw
family. She may also describe certain
actions Of Thaw's during his life which
would indicate that he was not OF normal
mind.
Experts To BE Recalled
All of Thaws experts viii be called
again Dr. Deemar and Or. Bingaman.
who is the Thaw family physician, have
yet to testify When all the insanity
evidence is in the experts viii be called