The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1907-03-26
DeImas Declares Prison
er's Mind is Clear.
CITES CLIENTS NOTES
Anidayits Turned Over 10 judge
Fitzgerald, WHO VIII say To-
morrow Whether He Wants
Any More Light OH the
Subject from LAW Ncr-.
Subject from Lawyers.
fBy the Associated Prcss.)

fBy the Associated prcSs.)
New York, March 23-The attorneys
r,r Harry X. Thaw today filed answer
10 the suggestion made by District At
torDcv Jerome to Justice Fitzgerald
that Thaw is mentally incapable OF
understanding the nature Of proceed
ings against him, and is q subject for
a commission in lunacy, rather than
for q jury which holds only the power
Of liberty or death. Supplementing
tscir own opinion that ThaW under
stands the nature of the proceedings
against him, the lawyers have filed
HiiidaVitS from the medical experts
employed BY the defense ana q furth-
~ ffidavit BY Mrs. William ThaW.
luCther Of the defendant. Mrs. ThaW,
however, dOes not address herself TO
III" question Immediately at sSuc. She
tsltcs advantage Of the opportunity,
he declares, to state that in the di-
rect line Of descent for o genera
lions there has been no air of IN
sanity or epilepsy in the prisoners
family. She rcscnts the malicious
representation and gross cxaggeration
on the subject.
The principal affidavit made in
Thaw's behalf is signed by Dolphin NJ.
Delmas, leading counsel. Mr.. Del
mas ~attaclcs TO his persona statement
Il score Oh IELIt15 al 'i'bt rs rs. faS
received from ThaW during the prog
reSs of the trial. These writings Of
the defendant, Mr.. DelmaS declares.
Indicate his grasp Of the proceedings
and nave contained nom time to time
valuable suggestions Us to the course
Of the defense. Many of Thaw's notes
TO Mr.. Delmas were addressed to the
attorney in court. this method of com
nunication being made necessary .v
the fact that the attorney at the be
ginning of the introduction of testi-
mOny left his place at ThaW's counsel
able and moved to q better vantage
point inside the railing, where the as
trict attorney and his assistants had
taken up their position.
The ~affidavitS which Thaw' counsel
will hope to block Mr.. Jerome's move
Tor a lunacy commission were filed
with the clerk of the supreme court
this evening and were turned over
by him to Justice Fitzgerald. who
will his decision probably on
Monday next the jury has been
instructed to report. Justice Fitz-
gerald will indicate the fact to the OBJ
posing counsel on Monday if he de-
sires a further hearing on the sub
ject of a commission. Whether or not
q commission will be appointed rests
solely with Justice Fitzgerald whose
conscience was appealed to by the dis
trict attorney.
DelmaS Believes ThaW is Sane.
Mr.. Delmas in his affidavit says:
The professional relations which /
have held with the defendant since
the beginning Of the trial until the
present time. the many interviews I
ltId with him during that period, the
uliily communications / nave sent to
ttlnn and received from him, coupled
Mlth my experience at the bar, enable
iuc to form an opinion of the capacity
uf Harry X. Thaw as regards his un-
outstanding of the proceedings against
INN and power to d his License.
on my oath l swear that since
the time of his trial Harry X. Thaw
has been and is capable Of under
standing the nature and object of the
proceedings against him; of
heDdlllC ms own condition in refer
cFlce to such proceedings and of con-
"ltt'ihg his defense III a rational man
ucr. and that, during the whole of
the trial he has understood the nature
ana object of SuCh proceedings, has
cotuprclendcd his own condition in
r"lHrcnc" thereto n has conducted
b"s defense III a rational
Tho chief exhibit cited by Mr.. Del
mas Is the note from Thaw appointing
Pm chief counsel the second day of
fHe trial. 1t Will be remembered that
the first day of Thaw's defense was
"'cldedly disastrous to his cause. Mr..
l)clinaS declared that Thaw wrote to
''i SN q Icil
Dear Delmas: On the sixth of This
month at the request of my then SEN
Tor counsel, with all other counsel
tohcufrlnS, and on my own motion,
l appointed you my chief counsel to
C"ilduct n manage the present trial
pFloFe JuStlce Fitzgerald in accord
aIce with your own views and plans. |
%iNIng YOU full authority in the mat
lcf- | wish today to reiterate and con-
!'lil everything that was then done I
N tIese premises; and to -elI Won that |
10 one our you has any right or au-
etipl.,s 20 make any agreement or
S,Puiation IN any manner relating to |
cue cohdcctfns Of the trial. or to tax |
any unauthorized steps therein.
very sincerely yours.
H. +. THAyv.'
WIN reference to the proposed tes- |
ninons OF ARTIST Carroll Bcckwith. |
1 nav wrote to Mr.. Delmas: |
Il insist that my counsel produce
Alr. Beckwith to testify regarding
what he told me in the fall of 1909. |
IN 1904, 1905 and 1906, concerning
MIS-. II. *. Thaw's character and
e1oaleSs IN me year 1901 ana the
enaIse That occurre3 in the fall of
White" ~"
Under date of February 9Th Thaw
wrote Mr.. Delnnas a. follows:
NC. as principal. but as husband, |
Ltusi nave your notes for my Wif.'S |
testimony. as I shall permit uotbiro
put truth and wish to prevent any M
intentional Misrepresentation. TodaV.
z Wltness--not the stage door-keepcr.
VITO was pleased to stand straight ana !
sale on facts-perjured himself in a
very unnatural or studied manner.i
ms gr1eves me n forces me to In
sist upon my right as a husband. iet
not upon that Difference due to NV
WISHES rs principal"
mother note of the same date says:
Mr.. Comstock comes after my
wife. / presume she will testify Fri
day or Monday. My mother testiies
tomorroW. l suppose, and some 9TH
ers, possibly Mr.. Catlin or other wit
nesses OF whites two revolvers (theI
h usual one and his threats
and his ring. He always told her
You know nothing at all yet,' That
remove danger of '~contagion' of ring
or other matters. / hope you can noW