Omaha daily bee., 1907-04-07
THAW'S COUNSEL DIVIDED
Lawyers Not Agreed Upon Further Fro.
cesdings in the Case.
JEROME is IN PECULIAR SITUATION
District Attorney May Make Formal
Protest Against Confirmation of
Commissions Report, but OBJ
lection VIII End There.

NEW YORK, April 6.-Counsel for Harry
K. Thaw differed today over the question
whether to call for more witnesses for the
defense on the resumption Of the trial on
Monday morning. Some of Thaws lawyers
favor calling no more witnesses and urge
that the summing up be begun at once
while others of his counsel declare that
more witnesses ought TO testify. One OF
Thaw's counsel said today:
When the trial was interrupted DR..
Hamilton was on the stand and his exami-
nation was not completed. When the case
Is resumed DR.. Hamilton will still be on the
stand, and the question before us 49,
whether it is wise to continue his examina-
ton. l favor asking Or. Hamilton his
opinion of Thaws sanity. He will testify
that Thaw was insane at the time of the
shooting, we think, and that will help our
cause. What his opinion is in regard to
Thaws mental condition does not matter in
view of the commissions report. We will
get together before Monday and thresh the
matter out and arrive at some conclusion.
Nothing has yet been decided definitely"
Mr.. Delmas was busy today putting the
finishing touches to his summing up speech
and it was said at his office. that he will
take more than day to deliver it. 1t was
said that he will be the only member of
and jury in the summing up.
JerOme's Peculiar Position.
Now that District Attorney Jerome has
decided that he will not apply to the
APPELLATE division Of the supreme court
for a writ OF prohibition relative to
the report Of commission in lunacy,
as to Harry X. Thaw's sanity, IT Is
almost certain the trial will duly pro-
coed 70 its end. There will be no more
interruptions, 1t Is said, and by Monday
morning when the proceedings are resumed
for the last and decisive week, both sides
will have prepared themselves fully for the
final effort 1t is almost certain, however,
that to justify his position, Mr.. Jerome
will make a brief, but probably Charac-
teristio protest against the confirmation
Of the report Of the lunacy commission. He
will do this with but faint hope Of success,
however, for it is believed to be a foregone
conclusion that Justice Fitzserald will an
nOunce on Monday that he confirms the
commissions report.
So far as is known no prosecuting officer
In this jurisdiction has ever found himself
in the curious position that District At
torney jerome occupies. Despite his own
belief that Thaw is irresponsible and a
paranoaic Mr.. Jerome will be compelled
TO impress upon the jury that II is its duty
20 ind the young man guilty Of deliberate
murder Since he has said he viii strive
70 convict Thaw, the district attorney will
be forced to ignore all that he has said in
court and out as 10 the prisoners mental
breakdown and to argue simply that he
went up 70 Stanford White on the Madison
Square Roof garden that tragic June night
and shot him 10 death through motives OF
revenge and jealousy. His speech cannot
be other than an absorbing one Mr..
Jerome had assistants and clerks pack the
record OF the trial the exhibit and the
afhdayits into three valises yesterday and
then had them sent 70 his Rutgers street
fiat There, between now and Monday.
he will prepare his summing up.
As 10 the defense Dolphin NJ Delmas has
finished his speech. He had abundant time
for this work because Mr.. Hartridge has
done all the work connected with the re-