Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-04-07
THAW TRIAL WILL
SOON Be CLOSED
Counsel Hope to Finish the
Case Next Week.
MAY RECALL HAMILTON
Whether Defense Will Recall Any
More Witnesses Problematic.
FULL DAY TO SUM UP
Delmas Is Going to the Jury With
Plea for Absolute
Acquittal.
MAY RECALL HAMILTON
FULL DAY TO SUM UP


drawn-out Thaw trial. now in its 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, many delays. that the case al
ready has been extended long beyond tho
time ever before required to try murder
case In New York
DR.. Allan McLane Hamilton. the alenist
who was the stand when the case was
suddenly stopped by the district attorneys
suggestion for the appointment of COM
mission In lunacy, will probably be recalled
to the stand when the trial is resumed on
Monday. He already has testified that he
believes that Thaw was insane when he
shot Stanford White. and will be asked
to repeat that statement. The lunacy
commission, having decided that Thaw is
now sane. Mr.. jerome will probably be
prevented from asking DR.. Hamilton re-
garding his opinion as to Thaw's present
sanity. Therefore. there is little that he
can cross-eXamine the alienist on.
Defense Soon to Close.
Whether or not the defense will call any
more witnesses Is problematlc. IL IL
stated that they expect to require no more
than an hour to complete their case. III
this is true. there is no reason why the
case should not go 10 the jury on lhurs-
day District Attorney Jerome said To-
night that he had no more witnesses whose
evidence he would try to place before the
Jury. Under the legal procedure OF the
courts of New York the surrebuttal of the
defense ends the case. The only way IN
which the prosecution can get evidence
before the jury after the defense closes
its surrebuttal is by special permission OF
the court on the ground that the evidence
is newly discovered or that the witness
WAS not within the jurisdiction of the
court when the prosecution was putting III
its direct case 1t has been rumorcd that
Mr. Jerome would attempt to put several
new witnesses on the stand after the final
close of the defense's case, but his state
ment tonight puts that rumor to rest.
Full Day to Sum Up.
Some weeks ago, at one or the many
times when the case seemed nearing its
close. it was agreed between the attorneys
each one SnOulu NdNe iui Nos
himself in summing up; in other words
that neither should be forced to break his
address in the middle. MI Deimas stated
at that time that he would not require
more than one day for his argument. II
ia said now. however, that he may require
two days. If this is the case, lie VIII
probably begin on Monday. He should
dpish Tuesday Mr. jerome still says that
he will not require more than one Day 4.
and therefore at the latest he should com
nIete his argument on Wednesday Justice
Fitzgerald's charge TO the jury should hot
require more than three or four hours. ana
II Is therefore, very possible that the case
will be in the jury's hands on THURSDAY.
Mr.. Delmas will go before the jury with
plea for absolute acquittal on 'he
ground that Thaw's mind was unbalanced
ct the time he committed the crime. ana
that in view of the fact that he mas slhce
recovered his mental balance ne shouio We
allowed to go absolutely Tree. MI. Tts
on the other hand, will argue that ThaW
was sane within the meaning OF the law
when he killed Stanford White; that 'he
crime was planned and premehitated aha
that he should suffer the extreme penaity
Of the law. -, 49,, -
II do not expect that it will take US
more than an hour to close our case.
said Clifford w. Hartridge. Tina" attorney
of record tonight Our evidence Is all IN.
ana save for a few matters purely formal
nothing remains but the summing up.
am not sure whether Mr.. Delmas Will DO
able to finish his address IN one ua!' Out hc
may begin on Monday. -
In speaking of the action of the lunacy
commission and of the mental ana phESi-
cal examination of Thaw, Mr.. Hartridge
said:
Waived Constitutional Rights.
81 want to give the inside history of my
appearing before the lunacy commission.
waived all constitutional rights and told the
commission to ask Thaw any question they
saw fit, except that i told him not to
answer any question about the trial and
the case One member of the commission
did ask Thaw a question about the case
and on my advice he declined to answer
II. Then the commissioners sent for me
and asked me If would not withdraw my
advice SO as to allow Thaw to answer the
question. 1 then told Thaw to answer any
question that the members of the COM
mission might ask, and ! suppose he did
so but do not know what he did. for
left the room and was not present at the
examination any more than MT. Jerome
was. My attitude In turning Thaw entirely
loose upon the commission showed my con-
hdence in his ability to meet all tests
Down deep In my heart 1 believe mat
Thaw was insane when he did the shoot
Ing but have always commended that ne
ought to have a trial. When the effort
Was made to have him railroaded to Matte
wan he protested that he wanted to be
tried and upheld him in It, have known
Thaw for q long time. and / have the ad-
vantage Of people who have only come In
contact with him lately. In the Tombs he
got back his mental balance and his physt-
cal health and contended that he should
4 81 ND ha a