The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-02-19
Juror Bolton Will Take His
Place in ThaV Panel.
BOTH SIDES ARE RELIEVED
Trial an Expensive One to State
and Defendant.

Defendants Counsel Much Gratiiied at
Fhcir success so Far-Dificuit TO
Forecast When Defense VIII Rest
Its C4,ee-.Jeromc Anxious That IrIal
Shall End Either by Verdict or
Commission in Lunacy-Mkely to-
Develop in Battle Between Experts
New York, February 16.-The trial
of Harry K. Thaw will be resumed be-
fore Justice Fitzgerald On Monday
morning.
Funeral services were held today for
The wife of Juror Joseph B. Bolton and
il was said afterward that the juryinau
had expressed his readiness to again
take his place in the Thaw panel and
continue the trial. Mr.. Bolton feels it
it a conscientious duty for MIN to near
the Thaw case to the end. If Mt Boil
ton had dropped out it would have
meant the loss of many thousanGc of
dollars to the state and to the Thaw
family A m1strial would have ecen
declared and four weeks OF the cOirt's
time would have been wasted.
Aside from the routine e2pensH OF
Juror and witness fees the Thaw trial
is costing the state sum almost equal
to that which is being spent b. tie
defendants family in the attempt to
prove the young man was insane Wien
he shot Stanford White on June 20 last.
District Attorney jerome has employe!
for the state three of the most emil
nent alienists of the country and their
fees alone will make the case riv3I N
cost the famous Molineaux hearings
which consisted Of battle OF experts
almost from first to last.
Thaw was much relieved today when
told that the Bolton family physician
had informed District Attorney jerome
that the juryman would be able to re-
sumo. The prisoner had been apEie-
hensive since the first intimation OF
MRS. Bottoms serious illness was rect'iy
ed that there might be mistrlal.
Both he and his attorneys are ar-S'
isua that nothing now shall prevent
the case running its course. TnaW
counsel believe their case to be in ex-
callent shape. Mr.. Jerome also is ak
ious that the proceedings be disposed
of, by the verdict Of the present jury
or by decision on a commission III
lunacy He has expressed his willing
ness at any time to join with tho
defense in asking for the appointment
of a commission to determine Ina"
present state Of mind. The defense.
however, will continue in its effor- to
show that while Thaw was exploslvely
insane at the time he killed Stamford
White and that while the effects Of the
brain storm were still apparent in him
fer three months following the homi-
eide, his improvement has been so
great aud progressive since the fist
of October last that he, is today OF
perfectly sound mind and even temper
ament.
Many Of the Thaw jurors when under
examination as talesmen, were asked
if they would give the defendant the
henefit of the same reasonable doubt az
10 his sanity or insanity as they would
on the question Of guilt or innoceLco.
In every case the jurors Who are how
serving declared they would. Charles
Wagner and DR.. Evans, the two alien
lists who have offered evidence aS u
Thaw's state of mind at the una oi
the homicide have yet to be cross-eX-
amined by Mr.. Jerome.
If, after the cross examination OF Ut
Evans and DR.. Wagner, the reasonao's
doubt as to Thaw's soundness or nitLd
on June 25 last still exists, the defense
will trv to show that Thaw at the pres
ent time is sane and is entitled to ;sb
selate freedom. This is believed by
many to be the most difficult part Oi
the task still confronting the defend
ants attorneys. DR.. Graeme M. Ham
mond, who has been constantly De
side the prisoner since the trial be
gun, is expected to testify as to Thaw':
present mental condition. He is one
of the most prominent alienists in ht
employ of the defense. but he is no
known to have visited Thaw prlo' tt
October last. He was not with DR.
Nvans and DR.. Wagner during thei
several visits and 1T is believed his pro
vince is to testify as to Tbaw's con