Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1907-03-22
Talks Of Appealing Thaw
Case to a Higher
Court
TO PROVE INSANITY
Provided He Finds Attorneys
for Defense Have With
held Information.

New York, March 22.-The Thaw
jury was brought before Justice Fitz-
gerald in the supreme court today and
told they need not attend trial again
until next Wednesday morning. In the
meantime Fitzgerald said he would re-
ceive affidavits from the defense in ans
wer to the suggestion of Jerome that
Thaw is at present in a condition of
mental unsOundness which makes him
incapable of advising his counsel or
understanding the proceedings against
him.
Defense Heard Tomorrow.
Fitzgerald has designated 2 o'clock
tomorrow afternoon as the time for the
defense to present attidavits in the
clerks office He stated today Jerome
might have until Monday to make re-
sponse to the showing of the defense.
Clifford Hartridge of Thaw's counsel
stated today the afIdavits to be pre-
sented in Thaw's behalf would be made
by his attorneys and various alienists
who have appeared for the defense
at present is able to advise his counsel
and fully understand the proceedings
against him.
All That il Required.
THAT is all the law requires us to
say" said the attorney. 1T is not a
question as to whether he is of unsomd
mind at all. The only question at is
sue is whether or not he understands
the proceedings against him. We claim
we can produce overwhelming proof he
does. We will also submit documentary
evidence-Thaw's own writings"
When Fitzgerald took his place on
the bench today all the members of the
Thaw family were seated in the court
room, and when Harry Thaw was call
ed to the bar he seemed surprised and
delighted to find them present.
They had all been excluded ever
since the taking of testimony was be
gun. The prisoner bowed to each mem
Der of the family group in r.rn and
they all smiled back to him confidently.
Attorneys Absent.
OF Thaw's attorneys, neither Delmas
orally understood the proceeding was
to be but a formal adjournment of court
until Justice Fitzgerald has had time
to satisfy his conscience as to whether
or not a commission in lunacy shall be
ordered. AS the session was formally
opened, Jerome suggested the jury be
excused until Tuesday morning.
May Require Hearing.
Fitzgerald thought Wednesday would
be early enough. He so informed the
jurors, and they Immediately withdrew
Fitzgerald then told the attorneys if he
desired a hearing in the matter of the
proposed commission. he would inform
them by Monday evening or Tuesday
morning After the jury mad retired
Fitzgerald said that yesterday Hart
ridge had attempted to be heard.
Gives Hartridge Chance.
81 understood" he continued, che hat
something to say in the matter of tn,
time of adjournment and | did not al
low him to proceed. 1t occurs to III
now he might have desired to make
statement with reference to the dis
trict attorneys remark that he serve
notice on counsel for the defense tina
they possessed information he believe
to be in their possession, he would cal
the matter to the attention of the al
pellate division. | will hear Hartridg
now if ne SO desires"
jerome Explains.
Before Hartridge could comply, Je
ONE came forward with a statemen
Il did not mean to charge Hartridg
with unprOfessional conduct" said h
''but | stand on what said if find {
the conclusion of the trial they ha
possession of knowledge which woul
lead one to believe they had persiste
in trying a man incapable of unde
standing proceedings against him,
would take the matter up. If my +
marks were construed as charging III
professional conduct, | was simply IL
fortunate in my expression