The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-08
THAW CASE ENDS
Both Sides Rest Shortly Afte T
Court Opens.
Delmas Begins His Argument
at 2.O9 O'clock.
WILL LOCK UP JURY.
Termination Came With the
Failure of the Defense
To Present the Testimony of
Doctor Hamilton.

the Thaw case may be reached by
Wednesday night.
When the trial was resumed today
Justice Fitzgerald overruled District
| Attorney Jerome's formal protest
against the confirmation of the report
| of the commission in lunacy which de-
clared Thaw sane. The justice signed
the report and ordered that the trial
proceed.
DR.. Allen McLane Hamilton was
called as the last witness, but the dis
trict attorney objected TO his testify
ing at this stage of the case. The OBJ
lection was sustained and both the de-
fense and the people announced that
they rested.
Mr.. Delmas will begin his summing
up address at 2:O9 p. m, the jury being
excused until that hour to get their
personal affairs in shape. Beginning
this afternoon the jurors will be con-
fined until the end of the trial.
Mr.. Delmas said he might conclude
his speech tonight. If he does so Mr..
Jerome will speak tomorrow. If Mr.
Delmas should not finish until tomor-
row, however, the district attorney
will not begin his address until
Wednesday morning. Justice Fitz-
gerald is expected to charge the jury
the same day Mr.. Jerome closes.
trial was resumed this morning it was
believed that it had at last entered upon
its final week. Eleven weeks already
had been consumed in the trial making
1t the longest in the history of New
YorkS criminal courts.
Harry Thaw's family were early in
court and took the seats they have oc-
cupied on all occasions when they have
been allowed in the court ROOM Evelyn
Nesbit Thaw wore the familiar blue
suit and the black sailor hat which
several days ago replaced the blue one
trimmed with violets which she wore
during the early hays of the trial. She
occupied a seat on the aisle. Next to
her sat Mrs. William Thaw, the Coun-
tess of Yarmouth and Edward Thaw.
In the front roW-of seats were Mr.. and
Mrs George l. Carnegie and Josiah
Thaw
Justice Fitzgerald was a few minutes
late in taking the bench. When he did
so and before the jury had been brought
into the room, District Attorney Jerome
arose and said he would formally ask
that the report of the commission in
lunacy which declared Thaw sane be
not confirmed. He had no argument
to offer
Justice Fitzgerald reached for the re-
port which lay on his desk and signed
his name across it.
The trial will proceed" he ordered.
The jury then filed into the box and
Harry Thaw was called to the bar.
Mr.. Delmas of counsel for the de-
fenSe, asked the clerk to call DR.. Allan
McLane Hamilton, the alienist, who
was on the stand when the trial was
interrupted more than two weeks ago.
Mr. Delmas wanted to get from DR..
Hamilton the opinion that Thaw was
insane when he killed Stanford White.
AS soon as Dr. Hamilton was seated |
in the witness chair. District Attorney |
Jerome objected. He said DR.. Hamil- |
ness by the defense in it's direct case. |
To call him in Surrebuttal, he declared, |
meant the reopening of the entire case.
Justice Fitzgerald sustained the OBJ
lection.
After he had done so, Mr.. Delmas
argued that DR.. Hamilton should be
allowed to testify for the reason that
District Attorney Jerome had on the
last day of the trial said he would |
withdraw his objection if DR.. Hamil-
ton was allowed to tell everything.
1--WE accepted that Offer said Mr..
Delmas, land therefore feel we have
the right to proceed under the agree
ment.''
1.-The court. as I understand the
law" said Justice Fitzgerald, has no
discretion in the matter. There was
no occasion to rule on the question
when it came up before. Had it come
I'D at that time, I would have been
forced to rule as I now rule. The OBJ
lection is sustained.
Both Sides Rest.
After a moments consultation with
the other attorneys, Mr.. Delmas said:
1.-The defense rests.
"The people rest" said Mr.. Jerome.
Justice Fitzgerald then announced
hat in view of the importance of the
.ase he thought it would be necessary
o keep the jury together until the
lose of the trial. He therefore ordered
hat the jury be confined under the
ame conditions as at the beginning of
he trial Mr.. jerome suggested that as
his would be something of hardship
m the Jurors who had had no notice of
t they should be allowed to go until 2
,'clock in order to arrange their af-
airs
Justice Fitzgerald agreed and a re-
ess until o'clock p. M was ordered.
Justice Fitzgerald asked the attorneys !
O submit to him in writing any re-
uests they might have to make as to
lis charge to the jury.
Mr. Delmas announced that he would
egin his summing up address at 2 :
clock. s
District Attorney Jerome asked if he
ould be given an idea of the time the |
efense would require.
I'm a case of this character said
Ir Delmas, where the testimony has
cen so voluminous and where there {
ave been so many Interruptions. 1 /
eem it my duty to refresh the minds {
f the jurors, as to the testimony so +
ar as possible. 1t may take two, or S
hree, or four hours to do this. If my 7
emarks are not concluded tonight, '
nd 1 find it necessary to intrude into i
n adjournment until the next day to s
leet the district attorneys request
hat he be allowed a day to himself in
rhich to make an uninterrupted ad-
ress. z
s@rhe court, then, is powerless to de- a
IT, I, I,~,~ D1I~- ~--4T1 IL