The Washington herald., 1907-03-24

New York. March 18-The evidence on
which the defense hopes 10 convince JUS
tiee Fitzgerald that Harry K. Thaw is
now sane. and that a lunacy commission
should not be appointed. was presented to-
day by the Thaw lawyers. alienists. and
Mrs Mary Copely Thaw. the mother of
the defendant.
In all there are twelve af7idavits. and in
each OF the afiidavits 1t is stated that
Thaw Is now sane and able to advise with
his counsel as to the conduct Of the trial
Not the least interesting in the mass of
evidence produced in the hope that jus
tiee Fitzgerald viii not appoint lunacy
commission is the statement of Mrs
Thaw refuting the charges made by Dis
trict Attorney Jerome throughout the
trial in support of his contention that
Thaw is now insane. that there is a tend
ency to hereditary insanity I'm the Thaw
family. For a long time Mrs. Thaw
wanted 20 ger before the public her side Of
this phase of the case. and in the affidavit
she made she takes the opportunity Of de
nying that there is a taint of hereditary
insanity in the Thaw stock.
Thass's Mother Gets Chance.
1t viii be recalled that when Mrs.
Thaw's examination was concluded she
practically made an appeal to Justice
Fitzgerald aud Lawyer Delmas 10 be al
lowed 10 say something about insanity in
the Thaw family. DelTnas did not want
any of it, however, and since then there
have been reports that she had decided
10 get her version to the public through
the newspapers.
Her chance came on the question Of the
appointment of a Iunacy commission. and
she has taken advantage Of it. In a
long statement. covering the history Of
the family, she swears that in the direct
line Of the Thaw or Copely branches OF
the family, the latter being her side,
there is no epileptic taint She also takes
occasion 10 explain unsoundness of mind
in some Of the members OF the collateral
branches of the family.
More letters Submitted.
number of letters and notes written
to Delmas by Thaw during the course of
the trial are incorporated in the affidavit
of Delmas. These notes are for the pur-
pose of showing that Thaw knew every
ing the trial They are also expected TO
combat the Thaw letters written TO
Banker J. DennistOn Lyon, Of Pittsburg,
which Jerome contends are the production
of "a crazy man.
In an affidavit made by DR.. George F.
Shields be sWeaTs that he examined Thaw
in the Tombs on Thursday. and from the
cOnversat ton he had with him and the
brief physical examination he took he is
convinced that Thaw is able to advise
with his counsel One of the doctors de-
scribes a conversation he had with Thaw
after the shooting of White 1t is prac-
tically the first explanation of ThaW's
side OF what happened on the roof garden
before he killed White. The alienist says
that Thaw told him that his attention
was attracted to White by noise on the
roof and suddenly he saw "the monster
and killed him.
Lawyers still at Odds.
The affdavits were flied with Clerk
Edward F. Carroll, OF the Court of Cen
eral Sessions, to-day. Through the filing
of the afidavits it came out that Thaw's
lawyers are still at odds. Delmas filed
eight affidavits before L o'clock. These
ahidavits did not include those from Mrs
William Thaw and Lawyers Hartridge
Peabody, and OReilly, which Hartridge
brought around after ! o'clock. When
Delmas' attention was called to this he
said that he had tried hard TO get these
afidavits. but they were not submitted
TO him He knew nothing about Mrs
William Thaw making an affidavit
In explanation Of his calling DIT. Altar
NIcLane Hamilton, which gave the open
ing 10 Jerome TO say that he was con
vinced that Thaw is now insane and sug
gest that a lunaCy commission should b'
appointed. Delmas said that he and Other
lawyers considered his action IA master
stroke, as then the defense's own wit
nesses, as he expressed il, could have
testiheds that Thaw was insane on tbs
night ne killed White. In addition, Delma:
said that Dr.. Hamilton would not have
been allowed TO testify to the present
mental condition of Thaw.
In the affidavits Of two Of the doctors
it also appears that Thaw said when DR.
Hamilton's testimony got to a certain
point that Delmas should stop him. Thaw
It seems, was surprised that DR., Hamilton
was called as a witness.
Thaw Advises DeImRs.
All through the trial it has been known
that Thaw showered note after note. con
tanning suggestions and advice. on Del
mas. Deimas did not like this interfer
ence, and told one Of the other lawyers
10 say to ThaW that he did not want tt
receive any more letters from him. Al
an Illustration OF his independence. Del
mas, in a statement made this afternoon
said that at no time during the trial has
he been under the domination of Mrs
William Thaw. He said this IN referene,
TO the calling of DR.. Hamilton TO the
stand.
Delmas says in his affidavit that h,
did not keep all the letters and notes h,
got from Thaw, but he supplies. for tbs
benefit Of the court, number OF letters
The following are the letters from ThaV
putting Delmas in charge of the case.
appears that the first letter was writer
on August 6. but this one is not included
in the affidavit 1t would appear from tn,
letters that ThaW kept constantly remind
ing Delmas that he was in charge OF tn,
case.
Fears for Wife.
The letters from Thaw attached to Del
mas affidavit are as follows:
Dear Mr. Demas; Ny vifss strength is sbbins
She cannot recupsFate until after the cross-exam.
would be unfortunate if she broke down and be
testimony was stricken out.
hope some way. you can have the viii eodic8
ard d. Patton begin Monday, and then EVELYN 2
az once. Her condition OF nervousness and sad
ness Is grave and her stomach has lest its function
Cannot Dr. Evan be keps backI
Very sincerely. II. Il. THAW.
Dear Sir; This messenger Is employed By AE