The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-01
CALLS MRS. THAW
She Must Appear Before the
Lunacy Commission.
Worried When Sum-
mons Was Served.
REPORT ON THURSDAY.
Commission Expected to Then
Submit Findings.
Jurors Ask for Allowance of $5
Per Day.
ON THURSDAY.

New Ork, April lit is prODa Die
that the Thaw lunacy commission will
report Thursday morning. The case
was adjourned last week until this
morning, and when the jury was called
before the court today Justice F'itz-
Thursday morning.
The lunacy commission will meet
tomorrow. and it is expected that they
will be ready to report Thursday.
In case the commission finds that
Thaw is today insane, within the
meaning of the law, the trial will be
stopped; but if they find that he is
capable of going on. the trial will be
resumed at once. 1t is doubtful if the
defense will call any other witnesses.
AS soon as the defense rests the
summing up will begin; and, under
the agreement made between the at
torneys. will last for two days.
When Mrs. Evelyn Thaw made her
daily visit to her husband in the Tombs
today she was met by process server,
who handed her subpoena directing
her to appear before the lunacy com
mission tomorrow. Mrs. Thaw appar-
entity had not anticipated this move
and she appeared very much disturbed
when the nature of the paper was
made known to her.
do they expect me to testify against
my husband?" she asked. She was
told that her presence pro ably was
desired merely as a matter of routine,
but this did not seem to reassure her.
District Attorney Jerome declined to
make known his purpose in calling
Mrs. Thaw before the commission
The members of the Thaw jury have
drawn up petition to Justice Fitz-
gerald asking him to allow them IS |
a day for services instead of the Gus |
tomary allowance of So a day Their
action is based on an instance in which |
the court made similar increase in |
the Jurors allowance after the case |
length.
New York. April An important
development in the court PROCEEDINGS |
against Harry K. Thaw Is the an
nouncement yesterday by counsel for |
the prisoner that the Thaw side rests |
SO far as further testimony by their !
side Is concerned before the lunacy |
commission. The defense believes that |
will help to bring this particular hear |
ing to a close by Tuesday night and |
that the trial delayed for more than a |
week by the movement to determine /
Thaw's sanity at the present time can !
be Immediately resumed. The defense |
assumes, of course. that the commits |
sion will find that Thaw is now sane. |
In fact they are Supremely confident |
of such an outcome, basing their |
opinion on the splendid showing Thaw |
is said to have made when questioned |
commissioners.
District Attorney Jerome does not
share the opinion of the defense that
the commission will conclude its hear
ing on Tuesday. He said the defense
was assuming too much and expressed |
the belief that several days would !
elapse before the commission reported.
Mr.. Jerome believes that the commits
sion will hear his alienists and he
hopes, besides. that the testimony OF
Dr. Allan McLane Hamilton will be
admitted. There is no doubt that the
hearing will be prolonged if the
states alienists are allowed to testify
as fully as Mr.. Jerome wishes them to
do, but the defense's lawyers believe
that thew will only be permitted to tell
what they think of Thaws present
condition and facts of the distant past
on which most of their conclusions are
based will be eliminated
Daniel O'Reilly, who since the COM
mission was appointed, has taken an
active part in the defense with Cltnord
W. Hartridge, made the announcement
that Thaw will stand on his testimony
before the commission and that coun-
sci will call no witnesses. He said:
1.-THE defense will offer no wit
nesses. We will not call any al1enfsts,
although we know that Mr. Jerome
has the promise of the commissioners
to hear what his experts have to say
on the writings of Thaw, on the evil
dence as adduced at the trial, and on
the observations they have made dur
ing the trial.
hat DR.. Hamilton would not be allow
ed to testify and he added that he
noDed the whole matter would be end
I'd Tuesday night
..I do not see why it should not be"
concluded Mr.. O'Reilly. There will
be business session of Justice Fftz-
court today but the jury Will
gain be dismissed, probably until
Wednesday to await the report Of the
1iGG