New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-08
DELMAS HAS SURPRISE.
TO REST THAN DEFENCE.
Won't Ask Hypothetical Question
or Call More Witnesses.

When court opens this morning for the fuN
ther hearing OF the Thaw case the defence
VIII announce that IL has rested and that all
the evidence 10 save Thaw from the electric
chair Is in the hands of the jury. except what
may be given on sUr-TebuttaI This decision
was arrived at late yesterday by counsel for
the defence and caused the greatest surprise
and astonishment in the prosecutors headquar-
ters. The news, which was official and in writ
ms, was SO unexpected by the District Attorney
that the prosecution last night did not know
what it would do next.
IL had been expected and even announced
that at the reconvening Of court TODAY the
hypothetical question which Mr. DeImas has
oeen preparing would be asked the two remain
ms ahenl5ts Dr. Graeme NJ. Hammond and DIT.
Smith Ely Jelliffe. Mr. Delmas said Yesterday
morning that he preparing il and wound
ASK II extempOraneously. thereby escaping the
necessity Of giving a copy in advance to the
District Attorney. He said that il would saks
aDout Two hours to ask and would include Drsc-
ucaly all Of the evidence in the case favorable
to the defence.
AIter mature reflection, however Mr. Delnnas
decided not to ask che hypothetical question and
io' 70 can the two experts. He sent his part
ner. Henry Clay McPfke. to the D;strict A.
'orneys office with letter, in which Mr. Jsrors
was notified that the defence would TO-DAY an
nounce it had rested its case
AS Mr Jerome had not expected anv n,ovs
other than that the hypothetical question wouI6
% put and as he had been bending all his
energies IN preparing for the cross-examinat,or
OF the alienists on the question, il Is beIievsd
'idl When Mr.. Delmas makes his decision known
10 the court The District Attorney will ash for.
q" SuJOurhment until Monday. IN order to per-
V ieout'aI case. Whether he will get II is
nooted question. Mr. Delmas. 1t is understood
VIII oppose such motion OIL
the prosecution was notified in plenty ~ tfr,a
20 complete its rebuttaI case. and sbor1d -, -
me oeIence VIII endeavor to force the Diqtrfcs
attorney to proceed. knowing the advantaes -
"ould gam thereby. and lively argument NAV
be looked for ''
JEROME HAS A DOUBT.
When seen last night Mr.. Jerome said: Il
VIII not be table 20 tell what action vfII
take Tomorrow until hear in omen cow. ,s-
words which assure me that the case OF the de-
renee has been finished. am told now that tbai-
pan Is 70 close their case as it stands but thar
plans have been changed so many times sfncs
'he trial began that viii not be sure Of anv-
thihg until hear the statement in omen c,,,r- ),
IN case the defence does rest Tomorrow how
long will the case last?' he was asked
/ 1t seems 10 me that the evidence shouId all
/ De IN by Wednesday" he replied Then b5,
giving TIE defence one day fer the closing ad-
| dress and allowing me the same amount ~
llIne ehe ease should go TO the Jury some time
on Friday of next week"
/ "Wiil you go 20 the jury with the case. or ,-iu
/ you ask for commission in Iunacy?"
| on the evidence as il now stands viii ca--
/ tainiy so to the jury" replied the District A.
| torney. If there IS nothing between sociar,-
| and any one who wishes 20 attack II b,,, n
| brain storm we had better go back To the da,z
OF the frontier and every man take cut pistol
| permit"
The failure 70 allow Mrs. William Thaw to
| testify as 10 hereditary insanity in the Tbav
family was much discussed yesterday one OF
the counse! fer the defence explained the failure
! by saying,
We believed that enough is as good as
| feast and advised against her saying one word
about heredity. We are satisfied with the evil
! dence we have given. and did not need any OF
| that testimony to strengthen our case. There is
only one possible result. and that is an acouit-
/ tall
Just what District Attorney Jerome viii do
to bring out further facts about insanity is un-
known Il is believed, however that he will nor
go into it deeply. 1t is believed that Mr. Jerome
has practically abandoned hopes Of having
commission in lunacy appointed On several
/ occasions Justice FitzGeraId has given hints
that led the District Attorney to believe that the
/ court was opposed to such a course, and Mr.
Jerome feels. it is said, that 1t would be useless
TO ask for such an appointment II this Is the
case. Thaw's fate viii be fought out on the ques-
/ tion whether he was sane or insane at the time
he shot Stanford White. without any considera-
tion or his present condition It is believed that
the statements made by the District Attorney on
Wednesday about the possibility OF appointing
commission will be the only announcement OF
that kind made.
WON'T CALL THAW DOCTORS
Mr. Jerome. it is understood. will not call DR..
Deemar and DR.. Bingham. the Thaw family
physicians, as witnesses for the prosecution.
They were sUbpOenaed by Mr.. Jerome after hav-
ing testified for the defence but their testimony
win not be needed it is said. All they could
testify to would be as TO the early life or Thaw
| and insanity in the Thaw family and if Mr..
Jerome does not prosecute his inquiries along
that line the physicians viii not be needed.
If Mrs. William Thaw had been allowed tn
testify on the insanity question as she desired.
it is said she wculd have told story at direct
variance with the generally accepted ideas OF
the family's weaknesses II is understood that
she was prepared 10 deny that there was heredi-
tary insanity in the family. and to deny other
stories of a like import which have been pub
lished
She was much disturbed az the failure to give
her testimony and complained bitterly to some
Of the counsel yesterday about the arbitrary
tactics which were used with her Clifford ".
Hartridge was sent for ana went to the Hotel
Lorraine early in the afternoon. lie had hard
time quieting Mrs. Thaw and making her see
the advantage Of not giving the testimony. The
defence. in taking the course IL did. went hack
on the statement made in the opening address
OF John 8. Gleason At that time Mr. Gleason.