The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-03-26

New York, March 23.-The attorneys
for Harry K. Thaw today filed answer
to the suggestion made by District At
torney Jerome to Justice Fitzgerald
that Thaw is mentally incapable OF
understanding the nature Of the pro-
ceedings against him and is a subject
for a commission in lunacy rather
than for a jury which holds only the
power of liberty or DEATH Supplement-
| ing their own unanimous opinion that
Thaw does understand the nature
of the proceedings against him and
| daily advises intelligently with his
counsel, the lawyers have filed affida-
Wits from the medical experts employ
ed by the defense and further afl-
davit by Mrs William ThaW, the
| mother Of the defendant. Mrs. Thaw,
however, does not address herself to
the question immediately at issue.
She takes advantage of the opportu
nifty, she declares, to state that in the
direct line of descent for four genera
tions there has been no taint of insan-
ity or epilepsy in the prisoners family.
She resents the malicious misrepre-
sentation and gross exageration' on
the subject.
The principle affidavit made in
Thaw's behalf is signed by Dolphin M.
Delmas, his leading counsel. Mr.. Del
mas attaches to his personal state
ment a score or more of letters and
notes he has received from Thaw dur
| ing the progress of the trial. These
| writings of the defendant, Mr.. DelmaS5
declares, clearly indicate his grasp OF
the proceedings and have contained
from time to time valuable sugges-
tions at to the course of the defense.
Many of Thaw's notes to Mr.. Delmas
were addressed to the attorney in
court, this method OF communication
being made necessary by the fact that
the attorney, with the beginning Of
the introduction Of testimony, left his
place at Thaw's counsel table and
| moved to a better vantage point in
side the railing where the district at
torney and his assistants had taken
| up their position.
The affidavits which Thaw's counsel
hope will block Jerome's move for q
| lunacy commission were filed with the
clerk of the supreme court this after
noon and were turned over by him to
Justice Fitzgerald, who will announce
his decision probably on Wednesday
next, when the Thaw jury has been
ordered to report again. Justice FitZ-
gerald will indicate the fact TO the oD-
posing counsel on Monday if he de-
sires a further hearing on the subject
of a commission. Whether or not a
commission will be appointed rests
solely with Justice Fitzgerald. whose
conscience was appealed to by the dis
trict attorney.
Mr.. Delmas in his affidavit says:
The professional relations which |
have held with the defendant since
the beginning Of the trial until the
present time, the many interviews
have had with him during that period,
the many communications I have sent
to him and received from him, coupled
with my experience at the bar, enable
me to form an opinion OF the capacity
OF Harry K. Thaw as regards his un-
derstanding OF the proceedings against
him, and power to make his defense
"And do. upon my oath, solmnly
state that during all the time OF his
trial, Harry K Thaw has been and ls
capable OF understanding the nature
and object OF the proceedings against