The daily morning journal and courier., 1907-02-16
JUROR BOLTON WILL
 BE ON HAND MONDAY
SEEMS NO DOUBT THAT THAI CASE WILL BE RESUMED
 THEN,

W1th Justice Fitzgerald His Expecta-
 tion of Being Able to be in His Seat
 Evelyn Nesbit Thaw ut the Tombs
 --Goes Over Letters and Valentines
 With Her Husband.
 New York, Feb. 15.-Despite the ap- prehension felt over the interruption of the trial of Harry K. Thaw, there ap- pears no basis for doubt that the case VIII be resumed, as planned, on Mon day. Juror Joseph B. Bolton, the death of whose wife necessitated the present recess, has, it was stated to- night, communicated to Judge Fitz- gerald his expectation of being able to again take his place in the jury box when the case is called. The funeral service for Mrs. Bolton will be held to- morrow.
 ThaW, who had been reported as cast down at the possibility of mistrial declared himself to be in good health when his wife visited him at the Tombs to-day. If his spirits were not in keeping with his physical condition, he did not make the fact known. With his wife the prisoner went over the 100 or more letters and belated yalen- tines that the morning mails brought him. None seemed to please him more that a sympaheic message from little girl in Baltimore.
 Both District Attorney Jerome and the lawyers for the defense are of the opinion that the trial will be continued Monday morning, It is not expected HOW that MT. Jerome will ask Monday for the appointment of a commission to inquire into the mental condition of Thaw. MT. Jerome made this point clear to-day on the part of the prose- cption, While Lawyer Dan O'Reilly in- sisted, on the part of the defense, that Thaw is of sound mind to-day, and that, therefore, it would be futile to apply for the appointment of com mission in lunacy. Both sides, it is un- der stood, want to have the case tried out, and hope that there will be no further delays.
 As the case stands now Thaw is as- stunned to be of sound mind. None of the experts called by the defense has said that in his opinion Thaw is inane now. Dr. Evans, whose testimony has not all been given, testified this week that in his opinion Thaw was of un- sound mind when he killed White, also that he was of unsound mind during the first three visits he made. to the Tombs, but that Thaw improved there after.
 All the other experts to be called by the defense will, it is said, insist that Thaw is of sound mind to-day.
 The experts to testify for the prose- cution will, 1t is said, insist that, in their opinion Thaw is not only sane to- day, but that he was sane the day aft- CT he killed Stanford White. The ex- ports for the prosecution are Drs Flint, Macdonald and Mahon, three of the best recognized alienists in this coun- try. They will, it is understood, tes- tify that they have had no way of de- termining whether Thaw was sane when he killed Stanford White. That when they saw the prisoner on June 26, and again on June 27, 1906, he refused to submit to an examination, and, al- though during the trial they have ob- served him in court they have not been permitted to converse with him. They would like an opportunit yto do so.
 The defense announced to-day their plans for next week. Dr. Wagner and Dr. Evans, the alienists, will be recall ed to tell of conversations had with Thaw and which the court has ruled ma ybe admitted. The prisoners wife will then conclude her story, after which Mrs. William Thaw, the defend- ants mother, will be called. For her the ordeal, it is believed will be made as brief as possible. Mrs. Thaw is ex- pected to tell principally of the early life of her son, and whether she dis covered in him anything having bear- ing on the present question of his re- ceint sanity.
 Anthony Comstock of the Society for the Suppression of Vice, and E.. Eel low Jenkins, superintendent and secre- tary of the Gerry society, have been, it is reported tonight, summoned by the defense
 It was stated tonight, but not con- firmed by counsel that Dr. Francis L. Patton. professor of Princeton Theolog- ical seminary and former president of Princeton college, would be called by the defense as 8 witness next week. pr. Patton, it is understood, received one or more letters from Thaw written from the Tombs after White was kill ed. During the summer Or. Patton called on Thaw and the purpose of the visit was not explained