Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-03-25
QUESTION OF
THAW'S INSANITY
His Attorneys Submit Afiidavits
Swearing That, in Their Opin-
ion He is Sane.
HIS LETTERS ARE ATTACHED.


for Harry Is Thaw today filed answer
~ the suggestion made by Dist. Atty.
Jerome that 1haw Us mentally ncap-
able of understanding the charges
against him and Is a subject for a
commission IN lunacy rather than for
a Jury, experimenting their own tlnan-
Ilnous opinion that Thaw does under
stand the nature Of abe proceedings
against him, aud daily advises intelIi-
gently with his counsel. tNe attorneys
have illcd afiidavits from the medical
experts employed by the defense and
a further affidavit by Mrs. William
Th0W, the mother OF the defendant
Mrs ThaW. however does not address
HERSELF 10 the question isnme diatelv at
issue She takes advantage OF the OPP
poTIRnftN to state that YIN the direct line
Of descent for four generations there
has been no saint OF insanity or epllep.
sy IN the prisoners family She re
SCENTS the '-rnalicious representation and
gross esasyeration ON she subject.
The principal affidavit made in
| Thaw's behalf lis signed by Dolphin M.
De1nas, his lea ding counsel. Mr. Del
mas attaches TO his personal statement
i score or more of letters and notes he
has received from Thaw during the
| trial These writings. Mr.. Delmas de-
clares, clearly Indicate his grasp OF th,,
| proceedings and have contained vain.
able suggestions
| The aftidaylts which ThaWs counsel
| hope WIN block Mr., Jerome's move for
a hlnacy commission We're Iiled WIKI
the clerk OF the supreme court His
| Afternoon and were turned over to Jus.
tice Fitzgerald, who vii announce his
| decision probably Wednesday, morning,
when the Thaw jury has been ordered
Ia report again,
Justice Fitzgerald will Indicate 10 the
| opposing counsel Monday II he desires
| a further hearing ON the subject
Whether commission Will be appoint
ed rests solely with Justice Fitzgerald.
DELMAs' AFFIDAVIT.
Mr. Delmas IN his affidavit, says:
THE professional relations which ]
have held with the defendant since the
beginning OF the trial until the pres
emit time. the many interviews / have
had with him during that period, the
nany communications | have sent 10
him and received fFon him, coupled
with my experience at the bar. enable
nue. TO form an opinion OF the capacity
Of Harry X. Thaw as regards his Mr-
Outstanding of the proceedings against
him and power to make his defense,
And cO, upon my oath, sOemnly
state that during all the time OF his
trial, Harry X. Thaw has been and Is
capable OF understanding the nature
and object OF the proceedings against
him; OF coNprehendine his own cond-
lion in reference to such proceedings
and OF con due ting his defense in a ra-
tional manner"
DELA1AS' CHIEF EXHIBIT.
The CHIEF exhibit cited by Mr.. Del
4u NJ IA H.
him chief counsel. the second day OF the
defense, II will be remembered that the
first dag of Thaw-s defense was deed-
eddy disastrous 10 his case, Mr., Del
mas declared that ThaN wrote to him
as follows:
Dear Nj. DeInlas-on the 9Th of this
month, at the request OF my then SEM
Tor counsel, with all other counsel con-
curing, and upon my own motion APP
pointed you my chief counsel 10 COM
duct and manage the present trial be-
fore Justice Fit2gera in accordance
with your OWN views and plans, giving
YOU tun authority In the matter
wish 10 reItetate and contlrm every
thing that was then done in those
premises and to tell you that no one but
you has any right or authority to make
any agreement or stipulation In any
manner relating 10 the conduct of the
trial, or to take any unauthorized steps
therein, Very sincerely yours,
HI x. THAN"
The letter attached to the AFFIDAVIT
contain numerous suggestions concern
ing the conduct of the case. In one in
stance Nh Delmas is requested to per-
sonaly conduct the examination OF all
witnesses In a letter sent during the
examination of Mrs, Thaw. the pris-
oner said.
My wifes strength is obbine. She
4. nj AZ tas.
mlna,iou, II VIII be unfortunate II
she broke down and her testimony was
stricken out Her condition of nervous
ness and sadness IS grave. Cannot DIR,
Evans be kept back2'
Another letter from Thaw 10 Mr.. Del
mas read
please arrange for MIR. Carroll Beck
withs testimony Mr. Peabody has a
brief thereon. we do not wish Jerome
to further attack Mrs. ThNw in his re-
butia1. The futher facts proved by Dir.
13eckwith, and The superior impression
he will produce may discourage Jerome
from annoying Mrs Thaw.'
In still another Thaw declares that
he knows n respectable Young married
woman residing In Wisconsin who was
willing to come and testify that rs, w"
entIccd her 10 his studio and mistrested
her.
Exhibit n. attached 10 Mr.. DelInas
Al+lNA'A Tvs - 90 49, 'N''' '''NN'' 80 Java
he Says
CONGRATULATED DErLMAs.
Dear Nlr DoImas; This is only to
Cougratula YOU OH your SUCCESS. Your
first long obJco ion WAS, OF course, OBJ
Vious but YOU trapped Jerome wonder.
fully by yonr reference to a new planet,
Inti shaking bis head an you wished
unh So concluding perfectly. The sec.
Onl long one, ughinsi a new production
OF evidence In chief BY the prosecution,
was pronounced In very powerful and
high plnuc fear 1 am confused az 10
the sexual perYerHlon' thai Jerome
urged. ] was not excited aGaIns Whit
by amy such, according 10 our evidence.
Mrs. Thaw IN her testimony could have
stated that the Thomas girl Is dead
Thomas WAS fraudulent name The
woman herself III alive, and ! hear now /
is tryirlg b escape her hOrrId ass0ca- |
tlOns,"
Thaw dated a number OF his comTnu- |
nIcations 10 MI Delnas from '.l0l Gem 4
ter street. the TOmbH number In one /
of hts msuy notes passed 10 Nh Dolmas 4
In court the prisoner said
-EveIyn tnlG Hnmmel moi hing ot APP /
pendlcltls M m anything else except
geography
Again ne SAID.
POOR OPINION OF JEROME,
Jerome Ia easier beaten shan per.
Suadea. il appears, Seyenty.eisht let-
t4rs, all very good today. and Six spe-
clals / spoke 10 my wife and mother