Daily press. [volume] (Newport News, Va.) 1896-current, 1907-04-06
Jerome Will Not Apply for q Writ
Of Prohibition to The Ap-
pe|ate Division.
DELhbS MAY TALK FOR TWO DAYS
District Attorney Summing Up, 1t Is
Said, Will Not Take Over Four
Houre-Will Ask for Conviction OF
Murder in the First Degree While
Appealing to Jury.
(By Associated Pressl


NEW YORK, April 5.-The trial OF
tiarry *. Thaw will proceed on Mon
day morning when Dolphin NJ. Del
mas, the leading counsel for the de.
tense will begin his summing up adj
dress to the jury.
District Attorney Jerome decided
late today not TO apply 70 the Apnei-
ate Division of the Supreme Court
for writ of prohibition or mandam-
MS to halt the trial. He reached the
decision, , was said, after consui.
tation with eminent counsel Mr.. .Te-
rome may argue briefly on Monday
morning against the confirmation of
me renort of the lunacy commission
which declared Thaw to be sane, bur
nc is aware that Justice FitZgerald's
disposition is to confirm the report
winch was unanimous. The district
attorney has many witnesses still un-
der subpoena. but it is said he has
decided not to call them and will
press the trial forward to an early
verdict.
when Justice Fitzgerald Yesterday
declined TO grant the district nttor
heF access to the minutes of the
I'nacy commission. Mr.. Jerome
threatened to carry the matter to the
Hnpelate Division on the ground that
ne had -heen excluded from the final
cNaminatlonyof Thawr by the commits
SION. he said he had been willing
TO waive the right to be present. win
the understanding of course, that he
was to he allowed to have possession
OF the testimony. He had promised
Inc commission not to use this tas-
1imony against the prisoner in auy
way at his trial.
Jerome Listens to Advice.
Immediately after yesterdays ad.
1ournment, Mr.. Jerome set about
seeking precedents upon which TO
base his application to the higher
court He was at his office again
early this morning and then went to
the Appellate Division building. In
stead of applying for a stay of the
counsel among his judicial friends
and it is said to be upon their advice
that he reconsidered his determine
ton to press the matter.
DR.. Allan McI4ane Hamilton was on
the stand as witness for the de-
Tense when the trial proper was halt
ed more than two weeks ago. In or
der that the record NAV be kent
straight. he probably will be recall
ed on Monday morning. although he
NAV not be permitted to testify
Oelmas May Talk Two Days.
There was stipulation in court
some weeks ago that each side was
to have one day for summing up. It
was learned tonight, however, that
Mr.. Delmas may speak for two en-
tire days. If he wishes this time it
undoubtedly will be granted to him.
District Attorney Jerome has stat
ed that his summing up would NOT
require more than three or four
hours. He will ask the jury to con-
vict Thaw of murder in the first de-
gree. No reference will be made or
allowed OH either side as to the ap-
Dointment of the lunacy commission
or the nature Of it's findings.
Mr. Jerome will claim that Thaw
was sane enough to know the nature
and quality of his act when he kill
ed Stanford White, and to know that
the act was wrong. This is the def
milton in this state of legal sanity.
Regardless of his expressed person
al conviction in tho matter, Mr.. Je-
rome told the court yesterday that
it would be his duty to press the
prosecution of the defendant to tic
utmost.
Tho trial on Monday will enter fits
twelfth and what is confidently en-
pected at last, to be its final week.