The Brandon news., 1907-03-28
NO INSANITY IN
THAW FAMILY
DECLARES MRS. WILLIAM THAW
IN AFFIDAVIT.
GROSS EXAGGERATIONS s
REGARDING HEREDITY EPILEPSY
HAVE BEEN MADE-NO TRACT
OF INSANITY HAS EXISTED FOR
FOUR GENERATIONS NO FAM
LY SKELETON EXISTS.


New York.-The attorneys for Harry
&. Thaw filed answers to the suggestions
made by District Attorney Jerome to
Justice Fitzgerald that Thaw is men
tally incapable of understanding the ma
ture of the proceedings against him and
is a subject for commission in lunacy,
rather than for jury, which holds only
the power of liberty or death. Supple
menting their own unanimous opinion
that Thaw does understand the nature
Of the proceedings against him and daily
advises intelligently with his counsel, the
lawyers have fled afidavits from the
medical experts employed by the de-
fense and further affidavit by Mrs
William Thaw, the mother of the defend
ant.
Mrs. Thaw, however, does not address
herself to the question Immediately at
issue. She takes advantage of the op-
portunity, she declares, to state that in
the direct line of descent for four gen
erations there has been no taint of in
sanity or epilepsy in the prisoner Is
family. She resents the malicious
Misrepresentation and gross exaggera-
tions'' on the subject.
The principal affidavit made in Thaw Is
behalf is signed by Dolphin M. Delmas,
his leading counsel
Mr.. Delmas attaches to his personal
statement a score or more of letters
L. rsI.
during the progress of the trial. These
writings of the defendant, Mr.. Delmas
declares, clearly indicate his grasp OF
the proceedings and have noted from
time to time various suggestions as to
the course of the defense. The afida-
Wits which Thaw's counsel hope Will
block Mr. jerome s moves for lunacy
commission were filed with the clerk
of the supreme court and were turned
over to him by Justice Fitzgerald.
Whether or not a commission will
be appointed rests solely with Justice
Fitzgerald, whose conscience was appeal
ed to by the district attorney
Mr.. Delmas, in his affidavit, says in
part:
.sThe professional relations which l
have held with the defendant since the
beginning of the trial until the present
time, the many interviews | have had
with him during the period, the many
communications | have sent to him and
received from him, coupled with my
experience at the bar, enable me to form
an opinion of the capacity of Harry
K. Thaw as regards his understanding
Of the proceedings against him and the
power to make his defense
.And / do upon my oath solemnly
state that during all the time of his
trial Harry K. Thaw has been and IS,
capable of understanding the nature
and object of the proceedings against
him; of comprehending his own condi-
ton in reference to such proceedings
and of conducting his otfense in ra-
tional manner, and that during tue
whole of the trial he has understood
the nature and object of such proceed
ings, has comprehended his own con-
dition in reference thereto and has con
Quoted his defense in a rational man
ner'
The chief exhibit excited by Mr.. Del
mas is the note from Thaw appointing
him chief counsel the second day CT
the defense It will be remembered the
first day of Thaw's defense was de-
cidedly disastrous to his case. Mr.. Del
mas declared that Thaw wrote to him
as follows:
"Dear Mr.. Delmas-On the sixth IF
this month, at the request of my then
senior counsel, with all other counsel
concurring, and on my own motion, |
appointed you my chief counsel to con-
duct and manage the present trial be-
fore Justice Fitzgerald, in accordance
with your own views and plans, giving
you full authority in the matter. L
wish today to reiterate and confirm
everything that was then done in these
premises and to tell you that no one
but you has any right or any authority
to make any agreement or stipulation
in any manner relating to the conduct
Of the trial or to take any unauthor-
lied steps therein.
Very sincerely yours,
III. X. THAW.'
With references to the proposed testi-
mony of the artist, Carol Beckwith,
Thaw wrote to Mr.. Delmas
ssI insist that my counsel produce
Mr.. Beckwith to testify regarding what
he told me in the fall of 1903, 1904,
1905 and 1906 concerning Mrs. H. K.
Thaw's character and goodness in the
year 1901 and the change that occur-sd
in the fall Of 1901, aTter the meeting
of Mr. White
Mrs. William Thaw's affidavit, is con
fined wholly to family history md be-
gins:
The move by the prosecution for an
inquiry into the advisability. Of luna
official correspondence regarding the