New-York tribune., 1907-04-01
THAW'S SIDE RESTS.
Won't Cal AienistS. or Ang Other
Witnesses, Counsel Says.

According to one of the counsel for Harry
r. Thaw, the opportunity which the commission
in iunacy has given to allow alienists to testify
as to the mental condition Of the defendant
VIII be waived as far as the defence is con-
cerned. IF this is done it should considerably
shorten the hearing Of the commission.
Daniel O'Reilly. who since the commission
was appointed has taken active part in the
defence with Clifford W. Hartr!dge. said yes
terda.:
The defence Will offer no more Witnesses
We win not call any aIienists. although we've
known that Mr. Jerome has the promise OF the
commission TO hear wha, his experts have 10
say.
The experts have been allowed to testify on
three points. The first is the writings OF Iha"'
the second Is on the evidence as adduced al the
trial and the third is the observations theE
have made during the trial.
Mr.. OReiIly was asked about the failure oi
DR.. Pilgrim, DR.. Gregory and Dr. Whl'e NJ "uN
their afTidavits TO those Of the other dlei'S'S
for the defence when the question OF the ap-
pointment of a commission came up ana ne
said:
Their evidence concerned only Wha' "s'
brought out during the trial and their ooserVa-
tions in court and would be Of no use 70 the
commission. as they never examined AT. 1ha"'
For that reason we never asked them 20 "laNe
affdavits and will not ask them to TESTIFY
Speaking about the possibility that DR. Allan
McLane Hamilton may testify and give uau-
gerous evidence against Thaw, MI . fei'lS
said:
Il do not believe that Dr Hamilton VIII ever
be allowed 10 testify. His evidence. in my oplh-
ion will undoubtedly be excluded on the ground
that il is too remote. He has sworn thaI ne
never examined Thaw after July s. and the COM
wanted evidence which tended to show the de-
fendant's present condition. not that of months
ago.
Il hope the whole matter will he ended by
Tuesday night" Mr.. O'Reilly added Il do not
see why it should not"
District Attorney Jerome is known to think
differently. He believes that the commission
will hear his alienists. and their testimony would
take up maHy days. and should DR.. Hamilton
be allowed to testify. his testimony. 1t is gen
orally conceded. would he damaging 10 the DC
fence. He is known 10 have positive ideas OF
the sanity Of Thaw. and has expressed them In
no uncertain terms on his return from Europe
in the early part of the winter in public inter
view. he reported as saying;
.'Thaw is worse in my opinion than CzolEosz
ever was There is not the slightest doub' IN
my mind thar he is insane and has been insane
for long time"
Yesterday Thaw took advantage Of the speeia!
Easter services In the Tombs and attended the
Protestant services conducted by the chaplain
the Rev Mr.. Sanderson. There was specla!
orchestra and Thaw seemed TO enjoy and ap-
Dreciate Il.
In the early afternoon his wife. Mrs. Evelyn
Thaw. called on him Commissioner CogEey
was at the Tombs and gave her special pernis-
sion to visit her husband. She stayed for two
hours Dressed in n brown suit. a white veil
and new Easter straw hat, she appeared 10 he
IN much better health than she was recentlN'
Aftcr,vard she said; Harry Is very we'll to-day.
He is cheerful and feeling confident that the
commission will find him perfectly capah!e or
corducting his case. want to say that stories
which have been published that Harry has mace
a great deal Of money In recent stock market
movement are not true He has not made u
cent. =,
NY visit has had no unusual significance II
is Easter you know. and l wanted 10 sec MN
and give him the greetings Of peace and hap
pIness and sunshine