Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-05
THAW'S FATE AGAIN
RESTS IN BALANCE
Jerome Decides to Go on With
the Trial.
Is STUDYING THE CASE
He Reached a Conclusion Late This
Afternoon.
THAW IS VERY CONFIDENT
Possible That There May Be Another
y Long Delay in the
Trial.
lie Reached a Conclusion Late This
Afternoon.
rHAW IS VERY CONFIDENT

Stanford White will go on Monday
where it left off when the commits
sion was appointed by Justice Fitz-
gerald. The incident of the commits
sion and its decision is closed. There
will be no move for a writ of prohi-
bition or mandamus, and when the
jury comes together in Justice Fitz-
gerald's court on Monday they will
begin the end of the long-drawn-out
case of the State VS.. Thaw. 1t was
not until this afternoon that the fact
that the appellate division will not
be appealed to became known. Up
to that time every one who has
watched the case thought that final
effort would be made to prevent the
confirmation of the commissions de-
cision that Harry Thaw is sane.
Special Dispatch to The Star
NEW YORK, April 5.-Although district
Attorney Jerome went to work early this
morning on the latest phase in the Thaw
trial, he was not certain just what course
| he would pursue. He has until Monday
TO apply to the appellate division for a
writ of prohibition, which, If granted
would delay the trial until he had argued
| for mandamus to compel Justice Fitz-
gerald to allow him to examine the min
utes of the lunacy commission. If the
| mandamus should be granted a further
delay will ensue to enable Mr. Jerome 10
study the minutes and argue against the
confirmation of the commissions report
AS Mr.. Jerome stated last night, the
procedure has not been clearly established
by presidents, and his work this morn
ing consisted of studying authorities. He
had long conference with his assistant
Mr.. Caravan. About 10 O'Clock both Mr..
Jerome and Mr.. Caravan, armed with q
bundle of law books, left the criminal
courts building and went down town.
Neither would say where they were bound
for, but 1t surmised that they were
going to consult with other lawyers re-
garding the right of district attorney
to take an appeal from a Justices de-
cison
No Decision Until Tonight.
Mr.. Jerome said that he did not expect
to arrive at decision until evening.
Thaw is unusually cheerful and confident
this morning.
1--WE shall bring our case to a close with
all possible speed" he said when Mr..
Peabody of his counsel called on him. 1T
will not be necessary to call any more wit
nesses and Mr.. Delmas ought to be able
to begin his address to the jury on Tues
day"
But much uncertainty again invests the
case. Thaw is sane according to the finding
of the commission in lunacy which has
been placed in Justice Fitzgeralds hands.
and quite competent to consult his lawyers.
But this triumph by him over the prosecu-
ton may end with the report and he may
yet have to spend many weary weeks of
Imprisonment before his fate is decided
May Be Delay.
This contingency. If 1t should occur, will
be because of District Attorney Jerome's
determination to appeal from Justice Fitz-
gerald's ruling refusing him the right TO
The appeal will be in the nature of an
action to obtain a review of the justic
decision. 1t will be taken in the appellate
division of the Supreme Court, and by 1t
the district attorney will seek either a writ
of prohibition a writ Of mandamus Such
an application will act a stay OF pro-
ceedings, and, If granted. 1t will halt the
trial, which had reached its last phase, for
perhaps weeks or even months.
Jury Reports Monday.
Mr. Jerome is proceeding on the ground
that he cannot, without having examined
the minutes, make an intelligent argument
against the adoption Of the commissions
report. Justice Fitzgerald has not yet con-
firmed the report, but doubtless he will do
SO next Monday morning. The jury mean
time is excused until that day.
What the effect of possibly a long.
drawn-out break in the case VIII be upon
Thaw remains to be seen. He was de-
cidedly eIated when he learned of the COM
missions report about him, and SO was MS
wife and all the rest of his family. AS Tor
his lawyers, they are confident that the
district attorney stands little chance OK