The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-04-07
FURTHER DELAY
NOT PROBABLE
ThaW Case Should Be in the
Hands of the Jury Some
Time Thursday.
DELMAS TO ASK ACQUITTAL
JEROME WILL INSIST UPON'
FIRST DEGREE MURDER.

New York. April 6.-That the long
drawn-out Thaw trial, now in its
twelfth week, viii be finished this COM
ing week, now seems almost certain.
There is no sign of any more delays
The case already has extended long
beyond the time ever before required
90 try a murder case in New York.
DR.. Allan McLane Hamilton, the
alienist, who was on the stand when
the case was suddenly stopped by the
district attorneys suggestion for the
appointments Of a commission in luna
Cy, viii probably be recalled Monday.
The lunacy commission having decided
that Thaw is now sane. Mr.. jerome
probably viii be prevented from ask
ing DR. Hamilton regarding his opinion
as TO ThaW's present sanity. There
fore. there is little on which ne can
cToss-eXamine the alienist.
Case to Jury Thursday.
Whether the defense viii call more
witnesses is predetermined. 1t is stated
that they expect 10 require no more
than one hour 10 complete their case.
If this is true. there is 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.
Under legal procedure i'm New York the
sur-rebuttal Of the defense ends the
case. The only way in which the pros
ecutiOn can get evidence before the
jury after the defense closes its sur
rebUtt1l is by special permission of the
court on the ground that the evidence
is newly discovered or that the wit
ness was not within the jurisdiction of
the court when the prosecution was
putting in its direct case.
Agreement of Counsel.
Some weeks ago. at one of the many
times whom the case seemed nearing
Its close. IL was agreed between the at
turncys that each should have a full
day for summing up. in other words
that neither should be forced 90 break
his address i'm the middle Mr.. Delmas
stated at that time that he would not
require more than one day for his ar
gument 1t is said now, however. that
he may require two days. If this is the
case, he will probably begin Monday
He should finish Tuesday. Mr.. Jerome
still says that ne will not require more
than one day and, therefore, at the
latest he should complete his argu-
ment Wednesday Justice Fitzgerald
charge to the jury should not require
more than three or four hours, and il
is therefore very possible that the case
will be in the jury's hands Thursday.
AcquittaI or the Chair.
Mr.. Delmas will plead for absolute
acquittal on the ground that Thaw's
mind was unbalanced at the time he
committed the crime, and that. i'm view
Of the fact thar he has since recovered
his mental balance. he should he al
lowed to go free. Mr.. Jerome, on the
other hand, viii argue that Thaw was
sane within the meaning of the law
when he killed Stanford White that
the crime was planned and premedi-
tated, and that n should suffer the ex-
1reme penalty.
4 do not expect that it will take US
mere than an hour TO close our case"
said Clifford W. Hartridge, TEaw's at
torney Of record. "Our evidence is all
In save for a few matters. purely for
NAL and nothing remains but the sum-
ming up. l am not sure whether Mr.
Delmas will be able to finish his ad-
dress in one day, but he may begin
Monday"
Thaw's Examination.
In speaking of the action of the
lunacy commission. and of the mental !
and physical examination of Thaw. Mr.. |
Hartridge said:
Il want TO give the inside history of
Thaw appearing before the lunacy
commission. I waived all constitution
al rights and told the commission to
ask any question il saw fit. except that |
] told him not TO answer any questions
about the trial and the case
one member of the commission did !
ask Thaw i question about the case. /
and on my advice he declined to an
swer il.
Then the commissioners sent for me |
and asked me if | would not withdraw
my advice so as to allow Thaw to an /
swer the question. I told Thaw to an /
swer any question that the members |
OF the commission might ask. and 1 |
supposed that he did so, but | do not /
know what he did, for 1 left the room /
and was not present at the examination /
any more than Mr.. Jerome was. Ny /
attitude in turning Thaw loose upon /
the commission showed my confidence
in his ability to meet all tests.
Sane Enough to Protest.
Down deep in my heart believe /
that Thaw was insane when he did 4
the shooting But l have always con- 1
tended that he ought to have a trial. i
When the effort was made to have him
railrOaded to Mattewan he protested
that he wanted to be tried, and l up
held him I'm it. ! have known Thaw
for a long time. and l have the advan-
tage Of people who nave only come in
contact with him lately. In the Tombs
he got back his mental balance and
his physical health