Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-03-22
IHAN& ATTORNEYS
FEEL CONFIDENT
Say There is Only One Small
Question Involved in Lunacy
Commission Move
is THAw COMPETENT TO DlREcTa

Court he le-StatuS OF 1ne FFo
ceedinas-Jury Excused Until Next
Wednssday-Fitxserald May Call for
Evidsnce-Thaw Family in Court.
New York March 22.-The status Of
the Thaw case, now that District At
torhey Jerome has furnished Justice
Fitzgerald with affidavits Of seven
alienists, who substandate his ex-
pressed opinion that the prisoner is in
sane and Incapable OF consulting with
his counsel as to his defense against
the charge OF having murdered STAN
ford White, is this: BY o'clock Sat
urday afternoon attorneys for defense
must file affidavits in the criminal
court, answering eJrome's assertion
and affidavits. The district attorney
has not formally moved the sappoint-
ment Of . commission to examine into
Thaw's present mental condition, but
has left 1t to the conscience OF the
court as he expressed it Wednesday.
to decide whether the case shall go to
the jury, so Justice Fitzgerald will
consider the affidavits submitted by
each side, and inform all the counsel
when to appear in court to hear his
decision.
He may do more than weigh the con-
tents Of the affidavits. for he may call
for more evidence before he makes up
his mind what procedure is advisable.
In particular he may seek the opinion
of DR.. Allan McLane Hamilton, the
alienist, who, when called to the stand
by the defense Wednesday, evoked
Jerome's strong statements as to
Thaw's mental state, brought about by
the present condition of the case.
Should Fitzgerald do this, the de-
fense, 1t Is certain, will strive to bar
Hamilton's testimony on the ground
Of professional privilege, inasmuch as,
he was engaged by the defense Ito ex-
anime Thaw, and did 30 shortly after
Whites death.
Notwithstanding Jerome's belief that
Thaw is q paranoiac. and the corrobor-
ative opinions of the states alienists
that he is practically incurably insane,
the defense will make q determined
effort to combat the appointment Of a
,;N,,. LII. -.
an asylum.
His five lawyers last night made
plans toward that end. Their affidavits
are now being prepared. These will
consist Of sworn statements by several
of them, that they have found Thaw
fully capable of advising them, and
sworn statements by some Of the pris-
oner's relatives to the same effect. Be-
sides these, there will be affidavits by
alienists retained by the defense, prob
ably Drs. Evans, Wagner and Ham
mond,, which will set forth that they
have sat in court beside Thaw for sew
eral weeks, have talked with him
freely, and are convinced that he is
quite competent to confer with his
counsel as to his welfare in the case.
"A number Of letters to his counsel
since the trial began will also be sub
mitted to the court.
Make Up Of Commission.
IF Fitzgerald decides to appoint a
commission in lunacy, it will consist
of three members, an alienist, a law
yer and a laynan. The alienist must
necessarily be one who has not figured
in. any wise in the case.
The commission, il chosen, will ex-
anime Thaw and report to- the court.
If it were to find nim sane the trial
would be resumed, IL otherwise, Fitz-
gerald would be obliged to order
T1haw's confinement in the hospital for
the criminal insane at Matteawan.
Thaw is not greatly disturbed, it is
said over the possibility of having
to be examined by the commission. His
LAWYERS have told him that the question
at issue is mainly whether he can In
struct them properly. He is confident
concerning this point. He is confident
also that when once this question Is
disnosed of, it will be all the easier for
his ,awyers to persuade the jury as to
the "brain storm line Of defense.
Jury Excused Until Wednesday.
The Thaw jury was brought before
Justice Fitzgerald in the supreme court
today. and told that they need not at
tend the trial again until next We'd
nesday morning. In the meantime,
fitzgerald said that he would receive
affidayits from the defense, in answer
to the suggestion of Jerome that Thaw
is at present in condition of mental
which makes him inca
pable of advising his counsel or un-
the proceedings against
him.
Fitzgerald has designated o'clock
tomorrow afternoon as the time for the
defense to present its affidavits in the|
clerks office He stated today that
Jerome might have until Monday to
make a response to the showing of the
defense.
Clifford Hartridse. of Thaw's coun-
sci. stated today that the affidavits to-
be presented in Thaw's behalf, would
be made by his attorneys and various
alienists who have appeared for the de-
fense. These affidavits merely Will
state that Thaw at the present time is
able 70 advise his counsel and fully