New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-14
FEAR THAW MISTRIAL.
JURORS WIFE MAY DIE.
Sudden End to Case Possible, Be
cause of Mrs. Bottoms Illness.

| suffering from double pneumonia at her home.
| No. 11S7 Boston Road, The Bronx. Mrs. Bolton,
according to the attending physician, entered
upon the critical period Of the disease yesterday
| This will last about two days.
| Whether or not the trial goes to-day de-
pends of course, upon Justice Fitzgerald. who
is presiding. Yesterday morning. when the
serious character Of Mrs. Bottoms illness be-
came known, he permitted her husband to go
| to her. in charge OF a policeman. and ad-
| Journed court until O'Clock in the afternoon.
Mr.. Bolton with his wife again last night
| A lawyer who has been prominently identified
with many criminal cases said last night that
the Illness of the Jurors wife would most prob
ably cause nistrial to be entered
1T VIII be remembered that the first trial
OF Nan Patterson ended in this way, because of
the illness Of one Of the jurors" he said. Jus
tice Davis waited two days and then, learning
! that the Juror would undoubtedly be Ill for
some time. he discharged the rest of the jury
While this case is somewhat different. 1t
| appears unlikely that Justice Fitzgerald would
! expect juror to sit on important trial
| when his wife in danger OF death. He
might declare adjournment for a few days.
but the injustice of keeping the other Jurors
away from their families and business would
| have to be considered.
The question whether TO continue the trial
or not Is entirely in the discretion Of the court,
| neither the District Attorney counsel for
the defence having any voice in the matter"
The proceedings yesterday at Thaw's trial
were marked by delays. The most serious was
the abandonment OF the morning session, and the
second delay came at o'clock. when uDr.
! John T. Deemar. one Of the Thaw family physi-
/ clans was recalled 10 the stand, after DR. Brit
/ ton d. Evans had testified 10 physical examna-
tions he had made Of the prisoner. DIR. Deemar
was exaruined only as to the mental condition Of
John Ross whose mother is a sister Of Mrs.
/ William Thaw. mother OF the defendant. Mr..
| Jerome had objected To the admission Of such
testimony early last week and he renewed his
objection Apparently, however. DR. Deemar
| had been recalled with the District Attorneys
knowledge and consent for he and several OF the
/ lawyers for the defence had a long consultation
with Justice Fitzgerald, at the conclusion Of
which Mr.. Jerome said that he wanted an adj
/ journment taken, with two objects in view.
First he desired TO have opportunity to ex-
anime at length Thaws will and codcil. which
were executed on the day Thaw married Evelyn
Nesbt. and the admission Of which as evidence
had been successfully combatted- The District
Attorney said that he had only just received
copies Of the documents. and that perhaps he
might see his way TO withdrawing his objection
TO their acceptance as evidence tending 20 throw
light on Thaw's condition Of mind al that time
Second, with the permission Of the defendants
counsel, he wished to have talk in his office
with Dr. Deemar and with DR. Birganan. the
other Thaw family physician. TO see also If his
present objection 70 their testimony might not
be removed BY pursuing this course. Mr.
Jerome told the court he thought much time
might be saved. Justice Fitzgerald agreed. and
declared an adjournment 70 this morning at
1890 o'clock
COUNSEL HOLD CONFERENCE
MIR. Jerome and the prisoners lawyers held a
conference after the adjournment. at the conclu-
sion Of which it said that the will and codi-
ell would be admitted in evidence to-day. and
that Dr. Deemar and DR. Bingaman would be
called at either the morning or afternoon ses-
sion
That the District Attorney may ask for the
appointment OF a commission to examine into
Thaw's sanity is gradually growing into con-
vcton with the defence. one OF the lawyers
said last night that If such an application was
made IT would be bitterly opposed and that. IL
necessary. a writ of prohibition would be applied
for from justice of the Supreme Court which,
If granted would halt the case and tie up the
jury until arguments had been made on the ap-
pication and a decision handed down Many
questions asked by Mr.. Jerome have given color
to the belief that ne had the appointment of a
commission I'm mind. as, for instance when on
Tuesday he said he would agree TO withdraw his
objection To DR.. Evans telling what Thaw said
to him in the Tombs If the defence would ad-
NIT that the prisoner of unsound mind at
that time,
Or. Evans's examination showed apparently
that Thaw was i'm normal physical condition.
His body, he said, was well nourished his skin
was clear and there were no signs thar he had
ever suffered from any disease that would rem
der operation necessary. ON the other hand
Or Evans found, on otherwise normally
shaped skull curious depression at the base
just above the neck, beneath which a pro-
tuberance Il was not able to draw any infer
ence from this condition" Dr. Evans said be
cause in ell my experience l have never come
| across anything like it."
THAW HAD NERVOUS PULSE.
Thaw's sympathetic nervous system
able nervous pulse it has ever been my oppor-
tunlty to examine" Or. Evans testified. He
said that IN series of examinations he found
that the beat of the prisoners pulse changed
four times in a minute varying from rate
of so a. minute to 112. back to 81 or 81. and
then To 80.
DR.. Evans testified that he had found in
dications that Thaw had ever INDUCED in the
morphine any other drug habit and then
Mr.. Delmas asked the hypothetical question
whether, upon the results OF the examinations
and upon the facts as contained in the other
long question detailing the history of the
which he had answered the previous day he
could say when the mental explosion he had
referred to occurred The object of the question.
,Iair, Ia1,o