The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-16
Not Expected That Jerome VIII
Ask for Appointment Of
Lunacy Commission
THAW NOW Of SOUND MIND
HIS COUNSEL DECLARES
Wife viii Continue Story After Dr..
EVans--Then Mrs. ThaW, Sr.,
VIII Be Called to the
Stand.

Stand
New York, February 15.-Despite the ap-
prehenslon over the interruption of the
trial of Harry X. Thaw there appears
10 basis for doubt that the case will
be resumed Monday, as planned. Juror
Joseph B. Bolton, the death of whose
wife neeessitated the present recess. has.
it was stated tonight, communicated to
Judge Fitzgerald his expectation of being
able to take his place in the jury box.
The funeral services for Mrs. Bolton will
be held tomorrow afternoon.
Thaw. who has been reported as cast
down at the possibility of a mistrial, de-
clared himself in good health when his
wife visited him today. The prisoner went
over the hundred or more letters and be-
lated valentines that the morning mails
brought him. None seemed to please him
more than a sympathetic message from a
little girl in Baltimore.
1t is not expected now that Mr.. Jerome
will ask for the appointment of q lunacy
commission. He made this point clear
today on the part of the prosecution,
while Lawyer Dan O'Reilly insisted, on
behalf of the defense. that Thaw Is of
sound mind today and that therefore, 1t
would be futile to ap7# ,or such COM
mission. Both sides, I = g5erstood, de-
sires to have tho ease rfi5G out.
As the case stands Thaw is assumed to
be of sound mind. None Of the experts
called by the defense has said that Thaw
is insane nov. Or. evans, whose testi-
mony is Incomplete, testified this week
that In his opinion Thaw was of unsound
mind when he killed White, also that he
was of unsound mind during the first
three visits he made to the Tombs, but
that Thaw had improved since then
The alienists for the prosecution VIII,
1t is said, insist that in their opinion
Thaw is not only sane today but that he
was sane the day after he killed Stanford
White.
DR.. Evans Recalled.
The defense announced their plans for
next week. DIR. Wagner and DIR. Evans
Will be recalled to tell of conversations
had with Thaw and which the court
has ruled may be admitted. The pris-
oner's wife will then conclude her story,
after which Mrs. william Thaw, the de-
fendant's mother will be called. For her
the ordeal will be made most brief
Mrs. Thaw is expected to tell princi-
pally of the early life of her son, and
whether she discovered IN him anything
having bearing on the present question
of his recent insanity. Anthony Com
stock of the Society for the SUPPRESSION
of Vice and E. Fellow Jenkins, super
intendent of the Guerry society, IT is re-
norted will be subpoenaed by the defense.
The following statement as to District
Attorney Jerome's position with regard TO
the sanity or insanity of Harry r. Ihaw'
was made today:
eNrr Jerome does not know whether or
not Thaw is insane None of his assist
ants know None Of the experts re-
tained for the prosecution know. Ihese
experts have not had an opportunity 10
examine Thaw either as to his physical
condition or his mental calibre. They are
nresent in court at the trial with an
omen mind. They would like to know If
anv experts retained for the defense,
some Of whom have already testified,
will saw authoritatively that in their opin-
ion Thaw Is now insane
The district attorney will join with them
i'm a request to the court for the ap-
nointment of a commission in lunacy to
decide on the question Of the defendant s
sanity"
Thaws Counsel Talks.
Harry McPike of counsel for Thaw said
today:
.When the trial is resumed next week
DIR Evans will conclude his testimony
and DR. Wagner will be recalled to tell
of his conversations with Thaw-conver-
sations which were ruled out last week.
rhen Mr.. Thaw's wife will finish her
story and his mother will be called as
a witness for the first time. Finally after
Mr. Thaw's will has been introduced as
evidence. 1t is probable that the family
physiclans of the Thaw family viii COM
pIete their testimony. The aienists VIII
be asked few final questions in order
to round out the case, and then, un-
less something new develops the defense
probably will rest
May Be Lunacy Commission.
Close observers of the Thaw trial which
has been postponed for several days be-
cause of the death of a juror wire, pc
ueve the present trend of the trial as
shown In the last two days. is toward
commission in lunacy to determine Off
cia11v Harry Thaw's condition OF min-
This belief is suggested by District At
tornev Jerome's apparent Willingness 10
admit part of the will by his readiness to
withhold technical objections to the testi-
mony of Thaw's family physicians tend
ing to throw light on the defendant $
mental status and by his policy Of yes
terdav in admitting without opposition
IN. conversation between Thaw and DR..
evans when the latter was examining
the prisoner in the Tombs
Counsel for ina" nave ieaSheu INC
oninion that the trial may be terminated
ahruntlv any day next week from this
cause. So fully convinced are they that
Jerome will make this move that they
are planning to fight him on this line.
Thaw himself is credited with having
declared that he would not face the asy-
lum in preference to Sing Sing and the
death chamber, so 1t can pc seen with
what feeling this expected move of Mr..
Jerome is creating in the camp Of the
defense.
Jeromes Move Expected.
one of Thaws lawyers, in speaking of
the probable plan for a lunacy commits
sion, said yesterday:
''As the case has progressed from day
to day, We have become more and more
convinced by the conduct Of the district
attorney and his experts who are OBJ
serving the defendant for him, that IT