The Montgomery advertiser., 1907-04-07
GET VERDICT
 THIS WEEK The Case May Reach Jury Thursday. NO MORE STATE WITNESSES Delmas's Plea Will Be For
 Absolute Acquittal. Thaw's Counsel Will Contend Before Jury That HI. Miss We. u,s.I- anced When He sAst sts.-
 ford White.
NO MORE STATE WITNESSES

New York, April s.-That the Iona drawn out Thaw trial, now in it's twelfth week. will be finished the com ing week, now seems almost certain. There is no sign of any more of the delays which have marked the cass from the very beginning. There have been so many surprises. however, and so many delays that the case already has been extended long beyond the time ever before required to try a mur- der case in New York.
 pr. Allen McLane Hamilton, the alienfst who was on the stand when the case was suddenly stopped by the district attorneys suggestion of the appointment of commission in lunacy. will probably be recalled to the stand when the trial is resumed on Monday. He already has testified that he be- lieves Thaw was insane whom he shot White and will be asked to repeat that statement. The lunacy commits sion having decided that Thaw is how sane. MT. Jerome will probably be pre- vented from asking pr Hamilton re. gardins his opinion as to Thaws pres ent sanity. Therefore there is little that he can cross examine the alienisf on.
 Whether or not the defense will call any more witnesses is problematical. It Is said that they expect to require no more than an hour to complete their case. If this Is true, there fs no reason why the case should not go to the jury on Thursday
 District Attorney Jerome said to- night that he had no more witnesses whose evidence he would try to place before the jury. Under the legal pro- cedure of the courts of New York. the tai Af case The only way in which the prosecution can get evidence before the jury after the defense closes it's sur-rebuttal Is by special permission of the court on the ground that the evidence Is newly discovered or that the witness was not within the turis- diction of the court when the proHecu- ton was putting in its direct case. It has been rumored that Mr. Jerome would try to put several new witnesses on the stand after the final close of the defanse's case, but his statement to- night puts that rumor to rest.
 yEime for AKkument.
 Some feks ago, at one of the many times 'sn the case seemed nearing It's close it was agreed between the at torneys that each one should have full day to himself in summing up; Tn other words, that neither should be forced to break his address in the mid die,
 Mir. DeImas stated at that time that he would not require more than one day for his argument. It is said now. however that he may require two days If this iH the case, he will probably be- gin On Monday. He should finish on Tuesday. MT. Jerome still says he will not require more than one day, and. therefore at the latest. he shoould com plete his argument on Wednesday. Justice Fitzgerald's charge to the jury should not require more than three or four hours, and 1t is, therefore. very probable that the case will be in the jury's hands on Thursday.
 Mir. Delmas will go before the jury with a plea for an absolute acquittai on the ground that Thaw's mind was unbalanced at the time he committed the crime and that upon the fact that he has since recovered his mental balance he should bc allowed to, go free Mir. Jerome, on the other hand. will argue that Thaw was sane within the meaning of the law when he killed Stanford White, that the crime was planned and premeditated and that he should suffer the extreme pen- atty.
 In speaking of the action of ths luracy commission and of the mental and physical examination of Thaws Mi. Hartridge said tonight -.
 q want to give the inside history of my appearing before the lunacy commission. l waived all constitu-a tional rights and told the commission to ask Thaw any question they saw fis except that told him fsot to answer any questions about the trial of tho case One member of the commission did ask Thaw a question about the case and on my advice he declined to answer it. Then the commissioners sent for me and asked if I would not withdraw my advice, so as to allow Thaw to answer the question. I told Thaw to answer any question that the members of the commission might ask, and l suppose he did so. I was not present at the examination any more than MT. Jerome was.
 "Down deep in my heart. I believe Thaw was insane when he did ths shooting. But I have always con- te. ded that he ought to have 6 trial"