The San Francisco call., 1907-03-22
DELMAS GAINS DELAY To
OPPOSE JEROME'S MOVE.
Thaw's Counsel Will Offer
Dispositions That He Is
Not Demented
DECISION ON MONDAY
Justice Fitzgerald Intends
to Consider All Evi-
dence Adduced
SPECIAL DISPATCH TO THE CALL.


NEW YORK, March 2l-Despite yes
terday's report that D. NJ Delmas
would retire from the Thaw case be-
cause of the latest Developments. the
California lawyer again came to the
front today when District Attorney Je-
rome submitted to Justice Fitzgerald
a long affidavit embodying dispositions
from his seven expert alienists in
which they express their opinion that
Harry X. Thaw is hopeless paranoic
and incapable of advising with coun-
sci; that his discharge from custody
would be dangerous to the public peace
and safety and that he should now be
committed to institution for the
care and treatment of the insane.
All of Thaw's counsel were present,
but Attorney Gleason did not once ad-
dress the court or attempt to take any
public part in the proceedings Hart
ridge twice attempted to do so. but on
each occasion was curtly told by the
Judge to sit down.
At the request of Delmas counsel
for the defendant were given until 2
o'clock Saturday to file with the clerk
of the court their affidavits in opposi-
ton to those submitted by Jerome.
These will include dispositions by the
and also dispositions made by the de-
fendant's various lawyers, affirming
that his present mental condition is
such as to qualify him to properly ad-
wise with counsel and to make his de-
fense on its merits.
Justice Fitzgerald will consider all
the afidavits submitted so as to enable
him TO reach a tentative decision as to
lunacy commission and the suspen-
sion of the pending jury trial. Should
a commission of lunacy be decreed it
is understood that its proceedings
would be public, as in the trial by
jury. so far as concerns the taking of
testimony. The commission would
consist of a lawyer, a physician and a
layman.
Thaw is very nervous and fretful
and smokes cigars continually. He
said today that he felt bully" but
his appearance belied his words.
Court was in session today for less
than an hour. Delmas for the defense
stating that his answer to the Dis
trict Attorneys proposition was not
ready. Neither the jury nor Thaw was
in court today. The jury had been ex-
cused until tomorrow morning at 1910.
There will be a brief session at that
time and a formal adjournment until
Monday morning will be announced.
BY Monday Justice Fitzgerald is ex-
pected to be ready to announce his
decision.
Jerome pleaded today for permission
to examine DR.. Allen McLane Hamilton,
but in the absence of a waiver
of professional privilege on the part
of the defense, Justice Fitzgerald said
he would not allow the doctor to be
examined further at this time. He
added Significantly that he would take
judicial notice of everything which
had been adduced in evidence during
the nine weeks of the trial. DR.. Ham
ilton, it will be remembered, only testi-
fed that in his opinion Thaw was not
at present capable of directing his de-
fense.
Jerome's afidavits submitted today
embraced the opinion of his seven ex-
perts who have heretofore testified and
statement by Irwin S. Cobb, news
paper reporter, who gave the text of a
statement which was issued at the
conclusion of Jerome's long and severe
examination Of Evelyn Nesbit Thaw.
Cobb, in his affidavit, sets forth the
facts connected with Thaw's dramatic
manner Of issuing his statement con
cerning Jerome's examination of Eve
lyn Nesbit Thaw All these facts
were narrated at the time-the insist
ence of Thaw that the reporter should
sign and seal an envelope containing
the original of the statement and COM
pare the original with the typewriter
copies which were subsequently hand
ed to him for distribution among the
other newspaper men at the trial.
John B. Gleason of counsel for Thaw
said today that Mr.. Delmas was re-
sponsible if a commission was appoint
ed, as it was he who called DR.. Allan
McLane Hamilton to the stand, "and
told Mr.. Jerome to go ahead and ask
the witness anything he wished to-"
Delmas said he would gladly assume
all responsibility.