Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-03-25


prisoners family. She resents the ina
licious misrepresentation and gross ex-
aggeration," on the subject.
The principal affidavit made in
Thaw's behalf is signed by Dolphin NJ.
Delmas attaches to his personal state
ment a score or more Of letters and
notes he has received from Thaw dur
ing the progress OF the trial. These
writing Of the defendant, Mr.. Delmas
declares, clearly indicate his grasp OF
the proceedings. From tine to time
Thaw's notes to Mr.. Delrnas We're adj
dressed to the attorney in court, this
method Of communication being neces-
sary because of the fact the attorney
al the beginning of the introduction of
testimony left his place at Thaw's coun-
sci table and moved TO a vantage point
inside the railing where the district at
torney and his assistants had taken up
their position.
The atfidavits which Thaw's counsel
hope will block Mr. Jerome's move for
a lunacy commission were filed with the
clerk Of the supreme court Saturday
and were turned over by him to Justice
Fitzgerald who will announce his de-
cision probably Wednesday morning
next when the Thaw jury has been or
dercd TO report. Justice Fitzgerald will
indicate the fact To the opposing cOun-
sci Monday if he desires a further hear
ing on the subject Of a commission.
Whether or not q commission will be
appointed rests solely with Justice
Fitzgerald.
Mi. Delmas in his affidavit says:
THE professional relations which |
have held with the defendant since the
be ginning Of the trial until the pres
emf time, the many interviews l have
nad with him during that period, the
many communications l have sent TO
him and received from him, coupled
with my experience ut the bar. enable
me to form an opinion Of the capacity
Of Harry *. Thaw as regards his I'M
Outstanding of the proceedings against
nim and power to make his defence.
And I do upon my oath, solemnly
state that during all the time Of his
trial Harry X. Thaw has been and is
CAPABLE Of understanding the nature
and object of tn" proceedings against
him; Of comprchending his own condi-
ton ir reference to such proceedings and
Of conducting his defence in Il ration
al manner and that during the whole
Of the trial he has understood the ma
| ture and object Of such proceedings;
| las comprehended his own condition in
reference thereto and has conducted his
defence in rational manner
The chief exhibit cited by Mr.. Delmas
| is the note from Thaw appointing him
chief counsel the second day Of the de-
| fence. 1t will he remembered that the
first day of Thaw's defence was con-
sidered by some a failure for the de-
fcnce. Mr.. Delmas declared that Thaw
| wrote to him as follows:
Dear Mr.. Dellnas:
/ "On the sixth of this month, at the
request of my then senior counsel. with
| all other counsel cOncurring, and on
my own motion, l appointed you my
| chief counsel to conduct and manage
the present trial before Justice Titz-
| gerald, in accordance with your own
views and plans, giving you full au-
| thority in the matter. | wish today to
rclterate and confirm everything that
was then done in these premises; and
| to tell you that no one but you has
any right or authority to make any
agreement or stipulation in any man.
iltE relating to the conduct of the trial
or to take any unauthorized steps
therein.
| Very sincerely yours
(SiGned HARRY X. THAW."
With reference to the proposed testi-
mony OF The artist Carol Beckwith
Thaw wrote to Mr.. Delmas:
Il insist that my counsel produce Mr.
| ii"chWlth to testify regarding what ne
t'l@ me in the fall Of 1903, in 1904-5. and
., concerning Mrs. H. X Thaws char.
a"t"r and goodness in the year 1901 and
III" Change that occurred in the fall al
1901 after the meeting of Mr.. White.
Under date of Feb. 6, Thaw wrot,
Mr.. Dtlmas as follows:
Not as principal, but as husband
| must hear your notes for nv yIife's
testimony. as 1 shall permit NOTHING
but the truth. and wish to prevent any
| uninteiItional Misrepresentation To.
day WitneSS-not the stage doorkeeper
who | was pleased to hear stanc
straight and safe on facts-periureC
himself in a very natural or studied
manner. This greves me and forced
me 70 insist upon my right as a hus.
band, if not upon that Difference due
to my wishes as principal"
Another note of the same date saws,
Mr.. Comstcck comes after my wife
| presume? Will She testify Friday o,
| Monday? My mother teStiiics tomor.
row. l suppose, ana some others. pos.
sibly Mr.. Catin Or other witnesses 81
| Whites two reviewers (the last the un.
usual one) and his threats and his ring
He always told lie You know nothing
at nj yet That removes danger con.
tagion Of ring or other matters. I hop,
You can now answer my early note
| This requires none
In one of his letters to Mr. DclmaS
Thaw enclosed five pages Of question.
which he declared Anthony ComstocE
might answer as to Thaw's work witt
him. Thaw also refers to 4 letter il
the possession of one OF his counsel
Mr.. Gleason. which he says originated
either July or I, while | still may
have been frenzied."
Richard Worthington Of Baltimore
Thaw declared, could prove the date
OF the letter. Thaw also desired PreSi
dent Patton of Princeton Theological
Seminary to be called as a witness witt