The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-04-06
THAW CASE NOW
NEARING CLOSE
District Attorney Jerome Con-
CludeS Not to Appeal to
Supreme Court.
DELMAS TO SPEAK MONDAY
VERDICT MAY BE REACHED BY
THURSDAY.

New York, April 5--The trial of Harry
X Thaw Will proceed on Monday morn
ing. when Dolphin NJ. Delmas, leading
cOunse! for the defense. will begin mis-
summing up address TO the jury. District
Attorney jerome decided late today not
10 apply to the appellate division OF the
supreme court for writ of prohibition
or mandamus to halt the trial He reach
ed this decision. it was said, after a con-
sultation with eminent counsel. Mr. Jc-
rome may argue briefly on Monday morn
ing against the confirmation of the report
of the lunaCy comm IssiOn which declared
ThaW 10 be sane. but he is aware that
Justice Fitzgerald's disposition is to con-
firm the report, which was unanimous
still under subpoena, but it is said he has
decided not TO cali them and viii press
the trial forward to an early verdict or,
what is regarded more likely, disagree
ment Of the jury.
Reconsidered His Threat.
When Justice Fitzgerald yesterday de-
clined TO grant the district attorney ac-
cess to the minutes of the lunacy com
mission, Mr.. Jerome threatened to carry
the matter to the appellate division on
the ground that he had been excluded
from the final examination OF ThaW by
the commission He said he had been will
ing to waive the right to be present, with
the understanding that he was TO be al
lowed to have possession or the lestL-
mony. He had promised the commission
not to use this testimony against the
prisoner in any way at his trial
Immediately after yesterdays adjourn
ment Mr.. Jerome set about seeking prece-
dents upon which to base his appeal to
the higher court. He was at his office
again early this morning and then went
10 the appellate division building 1t was
then that Mr.. jerome sought counsel
among his judicial friends and recon-
sidcred his determination TO press the
matter.
Hamilton on the Stand.
DR.. Allan AIcI.ane Hamilton was on the
stand as a witness for the defense when
the trial proper was halted more than
two weeks ago. In order that the record
may be kept straight he probably will
be recalled Monday morning, although he
may not be permitted to testify.
There was stipulation in court some
weeks ago that each side was TO have
one day for summing uD. 1t was learned
tonight, however. that Mr.. Delmas may
speak for two entire days If he wishes
this time it will undoubtedly be granted
him. District Attorney Jerome has
stated that his summing up would not
require more than three or four hours.
He has expressed the desire to make his
ton for a luncheon recess or adjourn
ment. He will ask the jury to convict
Thaw of murder in the first degree.
no Reference to Commission.
No reference Will be made or allowed
on either side as 10 the appointment of
the lunacy commission or the nature OF
its findings. Mr.. Jerome Will claim Thaw
was sane enough to know the nature and
quality Of his act when he killed Stan
ford White and TO know that the act
was wrong. This is the definition, In
this state of legal sanity. Regardless Of
his expressed personal conviction IN the
matter, Mr.. Jerome told the court yes
terday that il would be his duty TO press
the prosecution to the utmo@t-
4ne trial Monday WI enter its
twelfth and what is confidently expected
its final week The long delays CharaC-
terizing the proceedings from the first
have imposed the extra task upon the
attorneys who are to sum up to the jury,
Of making a complete resume of the tes-
timony so as TO freshen the memory of
the jurors, who for two weeks will have
been entirely out of the atmosphere of
the trial.
II is thought that a verdict may be
reached on Thursday