Smyrna times., 1907-03-27
HARRY THAW
ISSUES STATEMENT
Denies There is DiSsension Among
His Counsel.
PLEASED WITH AFFIDAVITS

New York, March 25. = Harry K.
. Thaw made public a statement, this
time denying a rumor which he be-
lieves is current to the effect that
there is dissension among his counsel.
He also refers to the affidavits filed
with Justice Fitzgerald, by his attor-
neys in opposition to the appointment
of a lunacy commission to examine
him. 1t follows:
81 wish to deny the rumor that there
is dissension among my counsel.
"Owing to the limited time-affida-
Wits were prepared simultaneously at
the office of Mr.. Delmas and Of Messrs.
Hartridge and Peabody. Four that
were completed March % at the lat
ter offices were transmitted to the
former, and all of that date were print
ed together under Mr.. Delmas' super
vision. Those made March 23 were
brought to me- as l was nearest the
court 1 examined the last four from
Messrs. Hartridge and Peabody and
one from Mr.. Delmas' office and found
them eminently satisfactory.
"This method was sanctioned by
Mr.. Delmas. Had l considered that
anything in these last affidavits might
be considered inappropriate for this
occasion they would have been with
drawn for the time and corrected un-
der Mr.. Delmas' direction.
my mother sent her exceedingly
clear affidavit of Friday morning to
q, 1f IL.
fridge and Peabody, and proceeded
there later to affix her signature under
OATH 1t was written by her at her
hotel, with no suggestions from any
one whomsoever, and is filed exactly as
she prepared it,"
When asked if he intended to rebIt
the II affidavits filed by the defense,
Mr.. Jerome said:
my opinion that Thaw is now crazy
and should not be on trial for his life
has undergone no change since read
ing these affidavits. And l certainly
expect a commission to settle this
point definitely"
Even if Mr.. Jerome makes answer
to the affidavits filed by the defense,
there will be no further developments
until Wednesday morning, when court
will reconvene.
The climax of the nine weeks trial
was precipitated by the action of the
defense in calling to the stand DIR.
Allan McLane Hamilton, the alenist,
who was first called into the case by
Thaw's original lawyers, Messrs.
Black. Olcott, Gruber & Bonynge, but
who was dismissed, together with
them, when he reported that Thaw
was suffering from a form of paranoia
which might never be cured.
1t was the intention of Mr.. Delmas
to interrogate DR.. Hamilton only with
reference to four visits he made to
la .Thaw in June and July last Mr.. Je-
i'm rome promptly objected to this course
y He said if DR.. Hamilton was to testify
at all he must tell everything he knew
in connection with the case, including
the defendants family history.
The argument which ensued became
so pertinent to the question of the
present sanity or insanity of the de
fendant that Justice Fitzgerald or
dered the jury to retire from the room
Then the discussion took on tha
broader range which resulted in the
courts determination before proceed
ing further to have presented to hin
the facts which the district attornel
asserted had been withheld from tn,
jury by the defense, and which he hat
been unable to give to the court il
strictly legal form.
''If the real facts were known" de
clared Mr.. Jerome, 81 have no righ
to be here trying this man for his life
But the knowledge l have cannot b.
put in legal form before the Jury. It 4
mostly hearsay. But if | could get tn
facts before you they would shock an,
horrify the conscience of the cour
and instantly this case would b
stopped. So deeply have | been i'm
pressed with this that l have serve
notice upon the counsel of record tha
if, when this trial is concluded, | fin
that they were in possession of fact
which | believe to be in their posse.
sion, shall call the matter to the a
tention of the appellate division of tn
supreme court | feel very ~bitterl
about this matter. There is not a ma
who has watched this defendant sittin
here at this table that does not kno,
that as he sits there he is incapabl
Of advising counsel. Thus, under tn
statutes, it becomes the duty of th
court to stop the proceedings"
Five Years For Neuiqence.