The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-02-17
JUROR BOLTON
WILL Be ON HAND
Trial of Harry K. ThaW Will
Proceed Monday if Moth
ing Happens.
MUCH EXPERT TESTIMONY
JEROME MAY ASK FOR LuNAeT
COMMISSION.

New York. Feb. 1.-THE trial of
Harry h. Thaw VIII be resuped before
Justice Fitzgerald Monday morning at
1859 o'clock. Funeral services were
held today for the wife of Juror Joseph
B. Bolton. and II was said afteru,ard
that the juryman had expressed his
readiness 10 resume his place in the
ThaW jury Mr. Bolton feels that il Is
conscientious duty for him To hear
the TbaW case To the end. IL he had
dropped out it would have meant the
loss OF many thousands OF dollars to
The state and to the Thaw family A
mistrial would haze been declared. and
Tour weeks further time would have
been wasted.
Aside. from sthe routine expenses Of
the jury, and without fees, the Thaw
trisl is costing he state "A sum almost
equaF TO that which is being spent by
The defendants attempt TO prove that
The young man was insane when he
shot Stanford Write District Attorney
Jerome has employed three Of the most
enninentss a lisnists, Of :. The, geouptry. and.
Their ices aloneSR ill make. the case ri
Z val in cost the famous Mohneaux hear
lngS,
Thaw Feels Relieved
Th3rw was much relieved today when
told that the Bolton family physician
had Informed District Attorney Jerome
that tile juryman would be able 10 re-
sumo. The prisoner had been appre-
hepsiVe. since the first mtimation OF
Mrs Bottoms serious illness was re-
ceived. that there might be mistrial.
Roth he and his attorneys are anxious
that nothing shall prevent the case
running its course. TFaW's counsel be-
lieve their case 81 be in excellent shape
Mr.. Jerome expressed willingness 10
join with the defense in asking for the
appointment of a commission To deter
mine haW's present state of mind. but
the defense Will continue its endeavor
10 show that while TiIaW was eXplO-
sively insane at the time he killed
White. and that while the effects Of the
brain storm" were apparent in him
for three months. his Improvement has
been so great since Oct. ! that he is to- |
day of perfectly sound mind.
Reasonable Doubt"
The Thaw Jurors, when under exam /
nation rs talesmen. were asked if they
would give the defendant the benefit 4
Of the same reasonable doubt as 70 his |
sanity or insanity as they would To the |
qEestion of guilt or innocence. In every
case the jurors declared they would 1
DIR. Charles G. Wagner and DIR. Brit /
ton ID. Evans. the two alienists who |
have offered evidence as TO Thaw's I
state Of mind at the time OF the homi- /
eide, have yet 20 be cross-examined by |
Mr. Jerome.
II. after the crOss-eNamination the |
rea sonable doubt as to Thaw's sound |
ness of mind June % still exists the |
defense win try to show that Thaw at !
the present time is sane and entitled to !
ahsolute freedom. This is believed by /
many To be the most difficult part of /
the task confronting the defendants /
attorneys. DIT Graeme NJ. Hammond |
who has been constantly beside the
prisoner since the trial began, is ex-
pected TO testify as 10 Thaws present 1
mental condition. He was not with /
DR.. Evans and DIR Wagner during /
their visits. There may be additional 1
technical testimony along this line.
May Apply for Commission.
While the defense apparently seems
10 be nearing its close, there is so much
actual work Vet TO be done that il is
difficult TO forecast Just when Thaws /
attorneys will rest and when Mr. Je-
rome-will begin rebuttal testimony.
Dr. Evans was on the stand and /
a bou- to relate certain conversations
he mad with Thaw I'm the Tombs dur
ing mis- first three visits when court adj
journed Thursday. Ii is presumed that
he viii resume Monday morning. 1t
Was intimated today. however that
DR.. Evans may be withdrawn to allow
Mrs. Evelyn Nesbit Thaw TO conclude
her evidence. The defense has the right
right to. recall Mrs. Thaw at any time
il considers It has placed before the
jury sufficient testimony as to Thaw's
insanity to permit of the introduction
of further revelations made TO him by
his wife. and by his statements TO her
in return.
As matters stand. the principal wit
nesses fO- the defense have not finished
their direel Testimony. Mrs Evelyn
Thaw has much to tell. and DIR. Wag-
ner and DT. Evans are TO be called for
further direct questioning Mrs VIII
liam ThaK. athe defendants mother.
also rerAains to be heard.
Runners that District Attorney Je-
rome may Vet apply for a commission |