New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-29
THAW'S BACK TO WALL.


District Attorney Jerome made no move 70
-enl, 70 this suggestion Il Is understood that
the prison officials are united in the belief thar
Thaw has been rational from the first day ne
was Imprisoned. June &c OF last year.
SIr Jerome when be was asked for his maj
suggestions. made a last plea for the admission
Of the afidavits filed by the prosecutors alien
lists and for the presence at the examinations OF
his experts. He said: Il want 10 make my po-
sition clear. The gentlemen who advised Win
me said that the defendant has typical case
n What they term paranoia. They say this is an
absolutely typical case. They say that only TWO
per cent recover from this form OF unsoundness
OF mind. and those they traee 20 wrong dag
nosIs of the mental complaint. Now. II that Is
.rpa and they inform me that levery bit Of the
evidence shows it. think this commission ought
IN know if I speak for the information Of the
commission"
LIMITS SCOPE OF INQUIRY.
Chairman Mcclure interrupted TO say: 81 don't
,binlz We should accept these afidavits and testi-
ynony. as they are solely for the guidance OF the
court and not as matters Of fact. They do not
enter AZ All into our mind as proof OF the case
'sT an Informed perhaps incorrectly. that the
District Attorney has some memoranda OF the
observations OF the attendants in the Tomos II
might be OF value 10 the commission, suggested
Mr. Hartridge.
Mr.. Jerome made no motion 10 rePlS' Jul
Chairman Mcclure accepted the suggestion re-
plying: 81 think they should be before the com
mission. believe we should have them AND
he added: as there anything further the us
trict Attorney can suggest?'
Nothing. except that l would like 70 draw
attention to the Rhinelander case. in which one
OF your honors was then prosecuting attorney
(AIr. Olney). and in which, remember. there
were fifteen hundred pages Of testimony taken
by the commission"
Mr. District Attorney" interrupted Mr.. Oh
ne,, with a frown. you must remember that
IN that case there had been no testimony taken
ana the trial had not begun. Here We believe
We should not encroach on the procedure OF the
court. We have already taken forty minutes
Cooking at the cloclO. OF the time Of the day
in discussing this matter. and we believe that
we should continue as rapidly as possible
'EIave you any further suggestions asked
the chairman. Il haKe objection TO the eX-
animation OF the defendant" Mr.. Jerome re-
piled, but would request that any cToss-eX-
animation be postponed until am in touch
with my alienists."
no DISCRIMINATION.
His request was granted with alacrity. and it
was explained later that the commission had
decided 10 have no crOss-examination.
Chairman Mcclure then ended the public
hearing and ordered the courtroom cleared. The
examination that followed was said 10 have
been unusually interesting. Thaw was visibly
nervous when he first went into court. but as
the argument proceeded he regained his usual
composure. He occupied the witness chair FOR
nearly two hours Chairman Mcclure and Mr..
Olney are understood TO have asked nearly all
the questions. DR.. Putzel spending most OF his
time sitting back in his chair and studying the
ard Of defendant
Neither Mr.. jerome nor counsel for the de-
fence, It was said. asked a single question.
The examination concerned the letters Thaw
wrote Mr.. Delmas during the trial He was
asked 20 explain various points in them and
why he desired this witness called and why he
did not want that witness. He answered all the
questions. iifif was said. clearly and quickly.
When he hrst-went on the witness stand he VOL
unteerei soifie information. and asked the COM
mission just what he could do for them; what
they wished 10 ask him and how, in any way.
he could facilitate the examination. which, he
explained. he knew must be irksome and tire
come for them.
HOW THAW CHOSE JURY
Concerning the selection Of the jury Thaw was
asked what he did He replied that he generally
left the matter in the hands Of his counsel. but
when he listened 20 talesman's answers. IL he
oid not like them, he would frequently write
notes 10 his counsel so informing them. He said
his ideas were sometimes accepted ana at other
times ignored. and he added: AS far as / am
concerned they did perfectly right"
Thaws examination was not concluded. and
when the commission meets again tomorrow
morning il viii be continued. It is probable. Il
is said, that there will be no need TO examine
the defendant physically. as the commission be-
leves Il viii be able 10 satisfy itself as 20 his
sanity without doing so. Other witnesses VIII
probably be called. including The attendants in
The Tombsi but they viii be OF secondary I'm
portance. There is also a bare possibility that
Mrs william Thaw and Mrs. Evelyn Thaw may
be called 20 answer few questions about the
defendants condition when they have visited
him IN prison.
Dr.. George Franklin Shiels the California
slienist, who examined Thaw last Friday and
whose affidavit was one OF the principle argu-
ments in the defence's contention that Thaw
S. now sane. sat in tho anteroom OF the court
during the examination. He said: ''The ques-
ton whether the defendant Is able TO confer
with counsel is entirely different from the Ques-
ton whether he is insane The prosecution
seems 20 have sadly mixed up these things"
Under the statutes Of the State Of New York
there are only two things that the commission
81 lunacy may consider in giving its decision
One Is whether the defendant is able at the
present time 10 confer and consult with counsel
~ a rational manner The other is whether he
IS able 20 understand the position he now finds
himself in.
The commission viii meet again tomorrow