Waterbury evening Democrat., 1907-04-08
Defense and State Quickly Close Their Cases in the ThaW
 Trial This Morning.
DElMAS HAS BEGUN
Noted Western Jurist May Take { Whole Day in His Argument. The District Attorney Will
 Noi Argue as Long.

New York, April S.-When the Thaw trial opened this morning it was believed that it had at last en- tered its final week. Eleven weeks have already been consumed in the trial, making it the longest in the history of New York's criminal courts. Harry Thaw's family were early in court and took the seats they have occupied on all occasions when they have been allowed in the court room. Evelyn Nesbit Thaw wore the familiar blue suit and the black sailor hat which several days ago re- placed the blue one trimmed with violets which she wore during the early days of the trial.
 She occupied seat on the aisle. Next to her sat Mrs William Thaw, the Countess of Yarmouth and Ed ward Thaw. In the front row of seats were MT and Mrs George l..
 
 Justice Fitzgerald was few min utes late in taking the bench. When he did so, and before the jury had been brought into the room, District Attorney Jerome arose and said he would formally ask that the report of the commission in lunacy which declared Thaw sane be not con- firmed. He had no argument to offer
 Justice Fitzgerald quietly reached for the report which lay on his desk, and signed his name across 1t.
 'The trial will proceed" he or dered.
 The jury then filed into the box and Harry Thaw was called to the bar.
 Dolphin NJ. Delmas, of counsel for the defense. asked the clerk to call Dr Allan McLane Hamilton, the alienist, who was on the stand when the trial was interrupted more than two weeks ago. Mir. Delmas wanted to get from Dr Hamilton the opinion that Thaw was insane when he shot Stanford White.
 As soon as Dr Hamilton was seat ed in the witness chair Mir Jerome objected. He said Dr Hamilton should have been called as witness by the defense in its direct case. To call him in sur-rebuttal, he declared, meant the re-opening of the entire case.
 Justice Fitzgerald sustained the objection.
 MT Delmas then argued that Dr Hamilton should be allowed to testi- fy since Mir Jerome had on the last day of the trial said he would with draw his objection if Dr Hamilton was allowed to tell everything.
 "The court. as I understand the law" said Justice Fitzgerald, "has no discretion in the matter. There was no occasion to rule on the ques- tion when it came mp before. Had 1t come up at that time I would have been forced to rule as l rule now. The objection Is sustained.
 After moments consultation with the other attorneys, Mir Delmas said:
 "The defense rests"
 "The people rest" said MT Jerome. Justice Fitzgerald then said he thought 1t would be necessary to keep the jury together until the close of the trial. He therefore ordered that the jury be confined under the same conditions as existed at the be- ginning of the trial.
 Mir Jerome suggested that as this would be hardship on the jurori who had had no notice of 1t. they should be allowed to go until o'clock in order to arrange their af fairs.
 Justice Fitzgerald agreed to this and a recess until 2 o'clock was or dered.
 Justice Fitzgerald asked the attor neys to submit to him in writing an, requests that they might have tS make as to his charge to the jury.
 NIT Delmas announced that h' would begin his summing up address at o'clock.
 Mir Jerome asked if he could bt given an idea of the time the defens' would require.
 "In a case of this character" sait MT Delmas. where the testimony has been SO voluminous and wher' there have been % many interrup tions, I deem it my duty to refresl the minds of the jurors as to the tes timony 90 far as possible IL maj take two. or three, or four hours t' do this. If my remarks are not con cIuded tonight and I ind 1t neces sary to intrude into to-morrows ses sion. | shall agree to an adojurnmen until the next day to meet the die trict attorneys request that he D allowed a day to himeelf In which t' make an uninterrupted address
 The court. then is poserless t determine how long Mir Deimas VI require" said Justice Fitzgerald
 He cautioned the jurors not to dis cuss the case during their few re uzfufnx hours of liberty and in formed them that after : o'cloel they would be kept together untf the end is reached
 Deimas begzn his address at 1r hr auosine from statement of lsis | trf~t Afrorney Jerome He said w have rc rixhf to be here trying tki' | man if the real fscfs wrrr knevn-