The San Francisco call., 1907-03-21
LUNACY BOARD LIKELY
To DECIDE THAW's FATE
Jerome Surprises Delmas by
Appeal to Conscience
of the Court
JUDGE STOPS TRIAL
District Attorneys Move
May Send Prisoner to
Madhouse
JUDGE STOPS TRIAL

NEW YORK, March 20.-The blow
fell today which Harry. Kendall Thaw
has feared in terror ever since the be-
ginning of his trial for the murder of
Stanford White. While District At
torney Jerome did not make formal
commission in iunacy, he appealed to
the conscience of the court in an i'm
passioned speech, declared that as
Thaw appeared daily in court ne was
incapable OF advising LIS counsel and
was believed to be insane by every
one that had watched him and came
into contact with him.
Jerome asserted that his own alien
lists were convinced when they had
considered all the facts in connection
with the case that Thaw was of un-
sound mind. The District Attorney
dramatically accused the counsel for
the defense of concealing testimony
which, if presented 10 the court, would
cause continuance Of the trial.
So earnestly did Jerome plead that
Justice Fitzgerald dismissed the jury
until Friday and adjourned court until
2 o'clock tomorrow afternoon. when he
will consider the evidence which either
side has to offer and decide whether the
trial shall go on or whether a commits
sion in lnnaey shall be appointed to
pass upon Thaw's present mental con-
dition
THAW,s COUNSEL SURPRISED
The scenes attending the adjourn
ment of court shortly after 1 O'Clock
were dramatic and exciting. Thaw's
counsel seemed to be taken utterly by
surprise. This was expected TO be the
last day of the trial except for the
summing up before the jury. Soon
after the beginning OF the three-cor-
nered discussion among Justice Fitz-
gerald, District attorney Jerome and
gathered one by one around the Judges
desk and for time seemed intent upon
denying what the court had termed the
charges of unprofessional conduct
brought against them by the prosecut-
ing officer.
Thaw was detected, pale and dis
pirited. He flushed crimson as one by
one his attorneys left him to rally to
the support Of Delmas, who, however,
in the midst of the proceedings was
superseded by Attorney John B. Glea-
son. Thaw bit his nails. opened and
closed his hands nervously and finally
sank down in his chair in an attitude
of utter detection.
In an adjoining room, where they
could hear the excited and uplifted
voices of counsel wrangling one with
the other, stood Mrs. William Thaw,
the mother, and Evelyn Nesbit Thaw.
the wife. who had barred the secrets of
her soul in the effort to save her hus-
band from the electric chair and from
the fate which he declares he breads
more-a madhouse.
The climax of the nine weeks trial
was precipitated by the action of the
defense in calling to the stand DIR. AL
len Hamilton, the alienist, who was
first called into the case by Thaw's
original lawyers, Black, Olcott, Cru
Der and Bonynge. but who was dis
missed. together with them, when he
reported that Thaw was suffering from
a form of paresthis which might never
be cured. Jerome promptly declared
to DR.. Hamilton that he must tell all
he knew about the case, including the
family history. Then the discussion
took on that broader range which re-
suited in the courts determination, be-
fore proceeding further. to have pre-
sented to him the facts which the Dis
trict Attorney asserted had been with
held from the jury by the defense, and
which he had been unable to give to
the court in strictly legal form.
ARGUMENT OF JEROME
'If the real facts were known" de-
clared Jerome, II have no right to be
here trying this man for his life. But
the knowledge I have cannot be put in
legal form before the jury. 1t is most
ly hearsay. But if I could get the
facts before you they would shock and
horrify the conscience of the court and
instantly this case would be stopped.
So deeply have / been impressed with
this that have served notice on coun-
sci of record that If, when this
trial is concluded l find that they were
in possession of facts which / believe
to be in their possession, I shall call
the matter to the attention of the Ap-
pellate division of the Supreme Court.
I feel very bitterly about this matter.
There is not a man who has watched
this defendant sitting here at this table
that does not know that as he sits
there he is incapable of advising coun-
sell Thus. under the statutes 1t be-
comes the duty of the court to stop
the proceedings"
Delmas sought to have Jerome place
himself on record as formally applying
for lunacy commission, but the Dis
trict Attorney would only repeat that
he was calling the attention of the
court to a matter which might appeal
to his conscience.
ct submitted TO the alienists sum-
moned by the State all the facts in
my possession" said Jerome, "and they
one and all informed me that the de-
fendant is suffering from a disease
called paranoia, the chief Characters
tics of which are insane delusions; that
acting under these insane delusions he
killed Stanford White, but that within
the legal definition of insanity he knew
the nature and quality of his act and
knew the act to be wrong"
n