Evening journal., 1907-03-22
HOPE TO OFFSET
JEROME'S PLAN
For Thaw Will Fight
Hard Against LunaCy
Commission
v our owr wire. rublIahora' Press.

BY our Own wire Pubilshcra Press
NEW YORK. March 22.-Thaws
lawyers were jubilant to-day after
their examination of Jeromes amdav
its on which he bases his demand for a
lunacy commission. In the andavits
Thaws attorneys could not find the
facts which jerome on Wednesday de-
clared would shock the community so
that the trial would be stopped in
stantly.
The statements of Jerome's alienists
went little further than did their testi-
mony IN court Thaws aienlsts are
ready 10 swear their opinion that he
Is able TO advise his counsel. while the
attorneys think this win offset the view
of the opposing experts that Thaw's
insanity is of variety which renders
his recovery improbable.
The entire attorneys OF Thaw were
az work early to-day preparing aiil-
davits and statements TO offset those
offered by Jerome yesterday When the
"ovldenco" rs presented tomorrow it
viii contain formidable array of aiii-
davits from allenists, lawyers and roa-
tives OF Thaw, showing that he Is sane.
Thaw, during the trial, has sent many
ling witnesses. asking that certain ques-
tions be asked. These. It Is said. VIII
be presented 70 the court TO show that
Thaw had comprehensive idea OF
what was going on
II the court cannot decide whether a
commission Is needed. it viii cali on the
lattomeys for further fatcs or 20 argue
the case. Il would not be surprising Il
he decided to examine DR.. Hamilton IN
view of the Importance Jerome has said
he attaches to knowledge the doctor
possesses. The defence VIII try C
prevent any examination OF this alien
ist.
Justice Fitzgerald, on the conveninl
OF court to-day excused the jury unit
wednesday morning at II o'clock.
: Prisoner Greets Wife
All rhaw's relatives we're IN th
court room when the brief hearing be
gan. Justice Fitzgerald having allowe
them the privilege. Mrs. George Lau
: der Carnegie and Josiah Thaw, the de
PENDANTS brother occupied the seat
nearest Thaw. and Mrs. William IhaW
Evelyn and the Countess Of yarmouth
were close behind them.
> Thaw came Ia smiling when he saw
his family gathered near his chair. HI
first nod was to his wife, and then hi
mother, sister and brother were In
cluded I'm the greeting.
Justice Fitzgerald was late In reach
ing the court room.
]. District Attorney Jerome explaine
$ formally that f. yiew OF the insanity In
p vesugation pending the jury would no
be needed Justice Fitzgerald then eN
u cused the jury
e Lawyer Hartridgo reopened the mat
p ter OF Jeromo's declaration on Wednes
day that n he found Ihaw's counsf
10 had certain information he believe
p they possessed he would take the mat
" ter To the Appellate division. Jerom
'r lexpiained he had not meant to accus
e Hartridge and the other attorneys
e lunprofessional conduct and after nj
- Hartrldee had made a brief statemcf
8 explaining his position adiournmer
IS was taken.
"a Neither Delmas nor Gleason were ]
.- the court room during the brief pro
,e ceedings. It being understood they wei
81 busy preparing the amdavit TO be hand
g cd TO Justice Fitzgerald tomorrow [
Ia offset Jerome's demand for a commits
sion.
he If a commission Is named it will con
VI slst of one lawyer, one scientist ana
IS layman. The commission has power
BE- summon witnesses and there is n
Va scope 10 the breadth Of its examination
.y An facts tending 10 assist In determir
J. ling the present mental condition OF Il
re prisoner may be brought out The jus
on lice is bound by the findings OF a con
.;s ,,t...i,,, aud must order the trial
to proceed OF commit the defendant to @
ly asylum. according to the report OF u
le lunacy board.