Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-03-23
HAN lawyers
PRESENT ANSWER
File Affidavits and Letter to
Show That Defendant is Quail
ified to Direct Defense
LETTER TO DELMAs IN EVIDENCE
Thaw. Appointment of pelnas to
Take Charge Of Trial Among the
DOCUMENTS Presented-Affidayits of
Alieni.ts Also Presented to Show
Thaw Competent.

New York, March 2s.-The Thaw
trial stands adjourned until Wednesday
next as directed by Justice Fitzgerald
at a brief session of court yesterday, but
by 2 o'clock this afternoon, in accord
1nce with the Justices prior instruc-
items, counsel for defense must file af-
fdavits and other evidence contro-
verting the affidavits submitted by
District Attorney jerome, to the effect
that the prisoner is Of unsound mind
and incompetent to consult his lawyers.
The defense has already prepared this
evidence and will file it with the clerk
OF the court, along with affidavits and
a letter OF Thaw's bidding Dolphin NJ.
Delmas to take charge of his case and
follow such course as he deems best
in presenting it to the jury. The de-
Tense considers this letter strong proof
that Thaw is capable Of advising his
lawyers.
The circumstances under which the
letter was written are said to have baen
these: The second day Of the defense,
which was shortly after the trial be-
gan, it almost broke down owing to
Jerome's savage onslaught upon the
first medical witness, DR.. Wiley. Diff
ferences ensued among Thaw's law
years and it was reported at the time
that Delmas told Thaw If the then
confused state of his defense lasted, he
would not be responsible for the OUT
come OF the trial Upon this Thaw
wrote to Delmas from the Tombs, max
ing him leading trial lawyer.
Delnas will accompany the letter to-
day with an affidavit by himself that
his client is well able to consult his
counsel, and that he has done SO daily
since the trial began. Hartridge,
Gleason, McPike Peabody and O'Reilly,
will submit similar affidavits. The
two last named will set forth that they
have sat with Thaw in court every day
of the trial, that they have visited him
often in the Tombs, and that on all oc-
casions he has been capable of form
ing sane judgments as to the conduct
of his case, and in expressing them
All the alienists for the defense will
offer affidavits in kind. One of them
has made an examination Of Thaw as
lately as since last Wednesday, and his
conclusions will be embodied in this af-
fidavit
Among the alienists' affidavits, will
be one by DR.. George II. Shieles, who
has not testified in the case, but who
has sat with Thaw during the trial. To
further strengthen their contention that
the prisoner is sane and competent, his
counsel will file series of notes and
memoranda written by Thaw to them
during the trial. 1t had been thought
that some of Thaw's relatives would
make affidavits, but It was learned last
night that they will not do so.
jerome Files Thaw's Letters.
In his attempts to show that Thaw
as insane, Jerome fled with his affi-
davits number Of letters written by
Thaw to J. Dennison Lyon, his banker,
In Pittsburg Some of them were
written prior to Whites death, and
some subsequent to it, from the Tombs.
They were made public last night thru
Assistant District Attorney Garvin.
The letters are odd specimens of COR
respondence, being in the main dis
connected sentences with not a few
misspelled words. vet they apparently
show an appreciation of the practical
matters of the life the young Pittsburg
man was leading before he was locked
up in the Tonrbs for the shooting Of
White and his plight when he was inn
prisoned. The contention of Jerome,
however, is that their incoherency and
orher characteristics show the writer
Is not sane.
s pefense's Affidavit..
The affidavits of the defense of Har-
srv K. Thaw as to his mental condition
and whether or not commission in
lunacy should be appointed to examine
him were filed at noon today with the
clerk of the supreme court. There We're
eight affidavits, Of which that Of Del
pflin NJ. Delmas, of Thaw's counsel,
was first.
Delmas declares 1t is his opinion that
Thaw has been and is capable OF un-
derstanding the nature and object of
the proceedings going on against MIN;
of comprehending his own condition In
reference to such proceedings: ofl
the defense in a rational
manner; that during the Whoie trlal ne
has understood the nature and object
of such proceedings; has comprehended
his own condition in reference thereto,
and has conducted his defense in ra-
tional manner. This opinion, the af-
fidavit says, is based upon the profess |
sional relations Delmas has had with
the prisoner since the beginning of thel
trial and the many communications he
has sent to Thaw and received from
him Eighteen letters received by Del ;
mas from Thaw during the trial and
several slips of paper containing sug-
gestions with reference to the conduct
of the proceedings. while actually go
ing on, which were handed him by de-
fendant in the court room, are made
q part of the affidavit.
EAe letters attached to the affidavit'