Los Angeles herald., 1907-03-21
Jury Excused by Court
Until Friday
Morning
Announcement Plainly Affects PrIs.
oner, Who Up to This Tlme Had
Firmly Expected an
Acqulttal
By Associated Press.

NEW YORK, March 20.-The blow
which Harry Kendall Thaw has been
in terror Of ever since his trial for the
murder of Stanford White began fell
today. District Attorney Jerome did
not make formal application for the
appointment of commission in lunacy
but in an impassioned speech he ap-
pealed to the conscience of the court,
declaring that as Thaw sits daily in
court he is incapable of advising his
counsel and is believed by one who has
watched him and comes into contact
with him to be insane.
Mr.. Jerome asserted that his own
alienists were convinced when they had
considered all the facts in connection
with the case that Thaw was of un-
sound mind.
Mr.. jerome dramatically accused the
counsel for the defense with concealing
testimony, which if presented to the
court would make continuance Of the
trial a crime
So earnestly did Jerome plead that
Justice Fitzgerald dismissed the Jury
until Friday morning and adjourned
court until 2 o'clock tomorrow after
noon when he will consider what evil
dence either side has to offer and to
decide whether the trial shall go on or
whether a commission in lunacy shall
be appointed to pass upon Thaws men,
tai condition today.
Scenes Are Dramatic
The scenes attending the adjourn
ment of court shortly after 1 o'clock
were dramatic and exciting. Thaws
counsel seemed taken utterly by SUR
prise. This was expected to be the last
n 80 larN f,~sf,
up before the jury. Soon after the
three-cornered discussion between JUS
tice Fitzgerald, District Attorney Je-
rome and Mr.. Delmas began ThaW's
five other attorneys gathered one by
one around the judges desk and for
some time were intent on denying what
the court had termed the charges of
unprofessional conduct brought against
them by the prosecuting officer.
Thaw detected pale and dispirited,
sat at his counsel table. He flushed
crimson as one by one his attorneys left
him to rally to the support of Mr..
Delmas, who, however, in the midst of
the proceedings was superseded by At
torney John B. Gleason.
Thaw bit his nails, opened and closed
his hands nervously, and finally sank
down in his chair In an attitude of utter
detection. In an adjoining room, where
lifted voices of counsel wrangling, stood
Mrs. William Thaw, the mother, and
Evelyn Nesbit Thaw, the wife, who hao
barred the secrets of her soul in the
effort to save her husband from the
electric chair and from the fate which
he declares he breads more-a mad
house.
Climax Arrives
The climax of the nine weeks trial
was precipitated by the action of the
defense In calling to the stand Dr.
Allan Mclean Hamilton, the alienist,
who was first called into the case by
Thaw's original lawyers, Black, Olcott,
Gruber & Bonynge, but who was dis
missed, together with them when he
reported that Thaw was suffering from
a form of paranoia, which might never
be cured.
1t was the intention of Mr. Delmas
to question DR.. Hamilton with reference
to four visits he made to Thaw in July
and June. Mr.. Jerome promptly OBJ
jected, saying that If DR.. Hamilton was
to testify at all he must tell everything
he knew in connection with the case,
including the defendants family his
tory.
The argument which ensued became
so pertinent to the question of the pres
ent sanity of the defendant that JUS
tice Fitzgerald ordered the jury to re-
tire from the room.
Then the discussion took on that
broader range which resulted in the
courts determination before proceeding
further to have presented to him the
facts that the district attorney asserted
had been withheld from the jury by the
defense and which he had been unable
to give to the court in strictly legal
form.
Facts Would Shock Court
"If the real facts were known" de-
clared Mr.. Jerome, 81 have no right to
be here trying this man. But knowledge
l have cannot be put in legal form be-
fore the jury, 1t is mostly hearsay.
But If could get the facts before the
court and jury they would shock and
horrify the conscience of the court and
instantly this case would be stopped.
$50 deeply have / been impressed
with this that have served notice on
counsel of record that IL when this trial
is concluded / find that they are In
Of the facts which believe
to be In their possession, shall call the
matter to the attention of the appellate
division of the supreme court.
II feel very bitterly about this mat
ter There Is not a man who has
watched this defendant sitting here at
this table that does not know that, as
he sits there, he is incapable OF advis-
ing counsel Thus, under the statutes,
II becomes the duty OF the court to stop
the proceedings"
Mr.. Delmas sought to have Mr.. Je-
ala an nd Hr.v4