The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-25
Court Will Settle the Matter of
a Lunacy Commission
In ThaW Case on the DOcu-
mentary Evidence Offered.
ISSUES A STATEMENT.
Defendant Makes Public Hit
Views on Situation.
Receives a Visit From His Wife
at the TOmbs.

| New York, March 25.-BriefS and
possibly additional affidavits regard
ing the mental condition of Harry K
Thaw will be presented to Justice
Fitzgerald today. The court proceed
| ings will be brief. Beside accepting
such papers as may be handed up, the
| justice will formally adjourn the reg
| ular March term of court, which sit
| ting has been suspended because OF
the Thaw trial The time between the
! session of court today and wednesday
morning when the Thaw trial is
scheduled to be resumed, will be spent
by Justice Fitzgerald in examining the
affidavits and other papers in the IN
sanity proceedings as filed by oppos-
ing counsel so that with the resump-
tion of the trial Wednesday the jus
tice will be ready with his decision.
1t is stated today that If commits
sion in lunacy is appointed Thaw will
not take advantage OF legal devices TO
Ihwart a thorough investigation by
such a commission. He is said to be
eager for a chance to prove that he is
sane. Thaw is credited with saying:
It will submit to all phases of an
examination that is rational and reas-
onable.'
Thaw is not convinced that Justice
Fitzgerald will find it necessary to ap-
point a commission in lunacy but he
resents the possibility of the general
public inferring from the fact that
his own counsel opposes District At
torney Jerome's move for the appoint
ment of a commission. that he shrinks
from the ordeal of facing such body.
Thaw is in high spirits over the af-
fidayits drawn in his behalf and de-
livered to Justice Fitzgerald. He is
especially pleased with the affidavit
prepared by his mother.
Counsel for Thaw share the pris-
oner's belief that Justice Fitzgerald
Will not find it necessary to appoint
trict Attorney Jerome is confident of
the appointment of a commission and
an adjournment of court on Wednes-
day until the commission will be pre-
pared to present its report. Mr. Je-
rome, it is stated, viii not add TO. the
array of affidavits which already he
has placed in Justice Fitzgerald's
hands and unless the latter asks for
further information, the states writ.
ten argument for the appointment of
a commission will close with the pre-
sentation of Mr.. Jerome's brief tes-
timony
Justice Fitzgerald has indicated
that he does not wish to listen to YER
bal arguments for or against the ap-
peintment of a commission so that
the test of Thaw's sanity at the present
time will stand or fall on the material
submitted to the court this morning.
ment. this time denying rumor which
he believes is current to the effect
that there is dissension among his
He also refers to the affi-
davits filed with Justice Fitzgerald by
attorneys in opposition to the appoint
ment of a lunacy commission to ex-
anime him.
A. Russell Peabody. who gave the
matter to the press after conference
with other members of Thaws coun-
SCI, designated it as 1.-The third state
ment issued by Thaw since August o
last"
1t follows:
"I wish to deny the rumor that there
is dissension among my counsel
Owing to the limited time-affidav- |
it's were prepared simultaneously at
the office of Mr.. Delmas and of Messrs
and Peabody. Four that
we're completed March % at the lat
ter Office were transmitted to the form. |
er and all of that date were printed |
together under Mr.. Delmas supervi- |
sion.
''Those made March 2S were brought |
to me, as I was nearest the court
"I examined the last four from |
Messrs. Hartridge and Peabody. and |
one from Mr. Delmas' office. and found |
hem eminently satisfactory.
This method was sanctioned by Mr.. |
Delmas. Had I considered that any, |
hing in these last affidavits might be |
considered inappropriate for this oc- |
Drawn for the time and corrected un-
Ter Mr.. DeImas' direction.
my mother sent her exceedingly |
clear affidavit Friday morning, to be |
copied at the office of Hartridge e. |
Peabody. and proceeded there later to |
lffix her signature under oath.
"It was written by her at her hotel |
With no suggestions from anyone |
xhomsoever. and is filed exactly as she |
prepared it."
The monotony of Thaw's Sunday at
he Tombs was broken by an unex-
,ected visit from his wife. This was |
he first time since his detention that |
he prisoner was allowed to receive call
srs other than his counsel on Sunday.
Mrs Thaw said:
Harry is in excellent health and is
sure that everything will come out in
lis favor
Daniel O'Reilly. explaining that none of
he legal staff would call during the
Law, and stating that Mr.. Hartridge
md the writer were busily engaged in
preparing briefs to be presented to Jus
ice Fitzgerald
District Attorney Jerome and his
.hief assistant on the Thaw case were
It their office Sunday, and Mr.. Jerome
lictated to stenographers long state
nent which took them until late in the
lay to transcribe. Mr.. Jerome said it
vas a statement to be submitted to
Justice Fitzgerald.
1t was reported that Mr.. Jerome in
ends to present not only facts refut-
ng the aff1davits presented by the de-
ense, but to submit to Justice Fitzger-
Id new and corroborative facts sup
,orting the affidavits on which he or
ginally made his suggestion to the
ourt that Thaw's sanity should be in
uired into.
When asked il he intended to rebut
he - affidavits filed by the defense Mr.
erome said: