The Birmingham age-herald., 1907-04-07
His Summing Up May Take Two Days, Then Jerome
 VIII Take a Day
THAW CASE EXPECTED ID
 GO ID JURY BY THURSDAY
Defense May Require an Hour to Fin ish Their Case In New York's Longest Murder TriaI-Hart-
 ridge Gives Inside History.

New York, April 6.-That the long drawn out Thaw trial, now in it's twelfth week, will be finished this coming week now seems almost certain. There is no sign of any more of the delays which have marked the case from the very beginning. There have been so many surprises, how ever, and so many delays, that the case already has been extended long beyond the time ever before required to try mur der case in New York.
 Dr. Allan McLane Hamilton, the alien ist, who was on the stand when the case was suddenly stopped by the district at- torney's suggestion of the appointment of a commission in lunacy, will probably be recalled to the stand when the trlal Is resumed on Monday. He already has testified that he believes Tnaw was in sane when he shot White and Will be asked to repeat the statement.
 The lunacy commission, having decided that Thaw is now sane, MT Jerome Will probably be prevented from asking pr. Hamilton regarding his opinion as to Thasv,s present sanity. Therefore, there is little that he can cross-eXamine the alienist on.
 Whether or not the defense will call any more witnesses is problematical. IL is said that they expect to require no more than an hour to coiapiete their case. If this is true ther ip m reason why the case should not go to the jury on Thursday.
 District Attorney Jerome said tonight that he had no more witnesses whose evidence he would try 10 place before the jury. Under the legal procedure of the courts of New York, the sur-rebuttal Of the defense ends the case The only way in which the prosecution can get evidence before the jury after the defense closes its sur-rebuttal Is by special permission of the court on the ground that, the evil dence is newly discovered or that the witness was not within the Jurisdiction of the court when the prosecution was putting in its direct case It has been lumored that MT. Jerome would try to put several new witnesses on the stand after the final close of the defense's case, but his statement tonight puts that ru- nor to rest.
 Some weeks ago at one of the many times when the case seemed nearing its close 1t was agreed between the attor- news that each one should have a full day to himself in summing up; in other words that neither should be forced to break his address in the middle.
 Mir Delmas stated at that time that he would not require more than one day for his argument. It is said now, however,
  the case, he will probably begin on Mon day He should finish on Tuesday. MT. Jerome still says he will not require more than one day, and therefore at the latest he should complete his argument on Wednesday. Justice F'itzgerald's charge to the jury should not require more than three or four hours, and it is therefore very probable that the case will be In the jury's hands on Thursday
 Mir. Delmas will go before the jury with a plea for an absolute acquittal on the ground that Thaw's mind was unbalanced at the time he committed the crime, and that upon the fact that he has since re- covered his mental balance, he should be allowed to go free. MT. Jerome, on the other hand, will argue that Thaw was sane within the meaning of the law when he killed Stanford White. that the crime was planned and premedtated and that he should suffer the extreme penalty.
 In speaking of the action of the lunaey commission and of the mental and physi- cal examination of Thaw, MT. Hartridge said tonight
 T want to give the inside history of my appearing before the lunacy commis- sion. I waived all constitutional rights and told the commission 70 ask Thaw any question they saw fit. except that l told him not to answer any questions about the trial of the case. One member of the commission asked Thaw question about the case and on my advice he declined to answer Then the commissioners sent for me, and asked if I would not withdraw my advice, so as to allow Thaw to an- swer the question. told Thaw to an- wer any question that the members of the commission might ask, and I suppose he did so. I was not present at the ex- animation any more than Mr. Jerome was. Down deep in my heart I believe Thaw was insane when he did the shoot ing. But I have always contended that he ought to have trial.'|