The free lance. (Fredericksburg, Va.) 1885-1926, 1907-03-26
urg and the Tidewater and Piedmont Country.
10 FIGHT LUNACY BOARD
Thaw's Lawyers and Alienists Will
Swear He is Sane.
JURY EXCUSED TILL NEXT WEEK

District Attorney Jerome VIII Make .
Bitter Legal Fight to Have Thaw's
Sanity Decided Before Submitting
Case to Jury.
New York. March 23.-The Thaw
Jury was brought before Justice Fitz.
serald in the supreme court and told
they need not attend the trial again un-
iii next Wednesday morning. In the
meantime Justice Fitzgerald said no
would receive affldayits from the de.
Tense In answer to the suggestion Of
District Attorney Jerome that Harry
X. Thaw, on trial for the murder Of
Stanford White, is at the present time
ia condition OF mental unsoundness
which makes him Incapable OF advis-
ing his counsel or OF understanding
the proceedings against him.
Clifford Hartridge. Of Thaw's coun-
presented in Thaw's behalf would be
made by his attorneys and the various
alienists who have appeared for the
defense. These affidavits merely will
state Thaw at present is able to ad-
wise his counsel and fully understands
the proceedings against him.
That is all the law requires US TO
say" said the attorney. 1T is not a
question as 10 whether 'he Is OF un-
sound mind at all; the only question
az Issue is whether or not he under
stands the proceedings against him.
We claim we can produce overwhelm'
Ing proof that he does. We will also
submit documentary eyidence-Thaw' 5
own writings
Behind the action OF the district at.
tOrney In getting on the record ut the
Thaw trial the statement that the de
fendant is insane lies q determination
on the part Of Jerome 10 make one OF
the most bitter legal lights ever
known In this country on the question
of Thaw's sanity at the present time
settled beyond any and all doubt be
fore his fate shall be placed in the
hands OF the jury.
This means the decision OF Justice
Fitzgerald will not play such an i'm
portant part as was generally sup
posed. An adverse decision on the
district attorneys suggestion that a
commission be appointed will not stoT
Mr.. Jerome in his effort to have such
action taken.
Il will simply spur him to greater
activity along these lines. Jerome 1:
thoroughly convinced that Thaw Is In
snch mental condition at the present
time that he should not be on trial
and there is more than one legal road
open TO him to accomplish his pur
pose.
The easiest and most simple is g
direct appeal to the appellate division
for a writ OF prohibition to restrain
the jury from any further considera
lion OF the case OF Thaw until the ap
pellate division has passed on a motion
for the appointment OF a lunacy com
mission.
The very last thing in the world
that Thaw wants to happen is the ap
pointment of commission. Firm In
his idea that he is hero and is to be
commended for his murder OF Stanford
White. he has been confident OF &C
ouittal or at least of disagreement
that would merely make his freedom
a matter of time.
He has been deluged with letters
since his Incarceration in the Tombs
aud many of them have been from
sentimentalists whose only view OF the
case was gained through certain news
papers. These letters have served to
Increase the already exaggerated ego
from which Thaw. whether sane or In
zane. undoubtedly suffers.
Accordingly in his cell he is protest
ing against the naming of commits
sion In lunacy. He insists that his law
yers permit him to address a memorial
to Justice Fitzgerald. They have re
fused to allow It In the evident fear
that the memorial might prove mem
orabe. Those who believe Thaw Is
mentally unbalanced are confident that
all that will be necessary to prove his
condition is to get his counsel away
from him long enough to give him
chance to have his own way.
Then they believe that his mental
state would be so evident as to make
long session of a commission un
necessary. In case commission is ap
pointed IT will consist OF physician
one layman and one lawyer. Members
of It will take the oath that governs
the acts OF referees, and Its inquiry
has an almost unlimited scope.