Los Angeles herald., 1907-02-16
THAW CASE To Be
RESUMED MONDAY
LUNACY COMMISSION WILL
NOT BE CALLED
Defense Announces That AIienists
viii Again Testify and Mrs.
Thaw Will Finish Her
Testimony
Rv Assncinted Press.

Ply Associated Press.
NEW YORK, Feb. 15.-Despite ap-
prehension felt over the interruption of
the trial of Harry Thaw there appears
no basis for a doubt that the case will
be resumed, as planned, on Monday.
Juror Joseph Bolton, the death of whose
wife necessitated the present recess
has, it was stated tonight, communi-
Gated to Judge Fitzgerald his eXpecta-
ton of being able again to take his
place in the jury box when the case is
called.
Thaw, who has been reported as cast
down at the possibility of a mistrial
declared himself in good health when
his wife visited him at the. Tombs to-
day. With his wife the prisoner went
over the hundred or more letters and
belated valentines that the morning
mails brought him.
Both District Attorney Jerome and
lawyers for the defense believe the trial
will be continued Monday. 1t is not eX-
pected now that jerome will ask for the
appointment of q commission to inquire
into the mental condition of Thaw. Mr.,
Jerome made this point clear today on
the part of the prosecution while Law
yer Dan O'Reilly insisted on behalf of
the defense that Thaw is of sound mind
today, and therefore it would be futile
to apply for the appointment of a COM
mission in lunacy.
Both sides. it is understood, want to
have the case tried out and hope there
will be no further delays
AS the case now stands Thaw is as
sumed to be of sound mind. None of
the experts called by the defense has
called Thaw insane now. DR.. Evans
testified that in his opinion Thaw was
of unsound mind when he killed White,
also that he was of unsound mind dur
ing the first three visits he made to the
Tombs, and that Thaw improved there
after.
Alienists Recalled
The alienists to testify for the prose-
CutiOn will, it is said, insist that in
their opinion Thaaw is not only sane to-
day but that he was sane the day
after he killed White. The experts for
the prosecution are Drs. Flint, Mac
Donald and Mahon, three of the highest
recognized alienists in this country
They will, it is understood, testify that
they have had no way of determining
whether ThaW was sane when he killed
Stanford White; that when they saw
the prisoner on June 26 and again on
June 81, 1906, he refused to submit to
an examination and, although during
the trial they have observed him in
court, they have not been permitted to
converse with him.
The defense announced today it's
work for next week DR. Wagner and
DR. Evans, the alienists, will be re-
called to tell of conversations with
Thaw and which the court has ruled
may be admitted.
The prisoners wife then will con-
clude her story, after which Mrs. w.
ThaW the defendants mother, will be
called. For the mother the ordeal, it
is believed, will be made as brief as
possible. Mrs. Thaw is expected to
tell principally of the early life of her
son or whether she discovered in him
anything having a bearing on the pres
ent question of his recent insanity.
Anthony ComstOck of the Society for
the Suppression of Vice and +. Fellow
Jenkins, superintendent and secretary
of the Gerry society. have been sub
poenaed for the defense, it is reported
tonight.