The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-06
Expected That Thaw Trial will
Be Soon Ended.
Formal Action ON Commission
Report Monday Morning.
JEROME SODDPOSITION
Has Said That He Believes
Thaw Insane.
Nevertheless Must Ask Jury to
Convict Him.

| New York, April 6.-Now that District
Attorney Jerome has decided that he
| VIII not apply to the appellate division
or the supreme court for a writ of prohi-
| bition relative to the report of the COM
mission in lunacy as to Harry K.
ThaW's sanity. 1t Is almost certain the
trial of this remarkable case will duly
| proceed to it's end. There will be no
more Interruptions, it 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 understood that some rather per-
functory procedure will take place be-
FORE the summing up begins but If this
be SO it is unlikely it will take much
time. 1t is said that counsel for the de-
tense may call one and perhaps two or
three witnesses to the stand on Monday
morning
Who these witnesses will be could not
De learned. 1t Is presumed that DR..
Allan McLane Hamilton will be one,
put should this presumption be accurate.
1t is not announced that he will be
questioned at any great length. The
other witnesses will be minor ones and
what they will be called upon to do will
be simply to correct certain discrep-
ancies in the testimony of previous wit
neSses. As soon as the last one of them
has left the witness chair, Dolphin M.
Delmas will announce: The defense
rests" and the last phase of the trial
will be entered upon. Mr.. Jerome hav-
ing announced that he will call no more
witnesses a all
1t is almost certain, however. that to
justify his position. Mr.. Jerome will
make brief but probably characteristic
protest against the confirma ton of the
report of the lunacy commission He
will do this but with faint hope of sue
cess, however, for it is believed to be
foregone conclusion that Justice F'itz-
gerald will announce on Monday that
he confirms the commissions report.
jerome in Queer Position.
So far as is known, no prosecuting
officer In this jurisdiction has ever
found himself in the curious position
that District Attorney Jerome occupies.
Despite his own deep rooted belief tina t
Thaw is irresponsible and a paranoiac,
Mr.. Jerome will be compelled to impress
upon the jury that,it is its duty to find
the young. man guilty of < deliberate
murder Since he has said that he will
strive to convict Thaw, the district at
torney will be forced to ignore all tina t
he has said in court and out of 1t as to
the prisoners mental breakdown and
to argue simply that he went UP to
Stanford White on the Madison Square
roof garden that tragic June night and
shot him to death through motives of
revenge and jealousy. His speech can
not be other than an absorbing one. Mr.. |
jerome had assistants and clerks pack
the record of the trial, the exhibits and
the affidavits into three valises yester- |
day and then had them sent to his |
Rutgers street fiat. There between now |
and Monday he will prepare his sum- |
ming up.
DelFnaS Is Ready
AS to the defense. Dolphin NJ. Delmas
has finished his speech. He had abund- !
ant time for this work because Mr.. |
Hartridge has done all the work con- |
nected with the relations of the defense |
toward the lunacy commission.
All of Thaw's lawyers look forward |
to next week with the utmost conf
dence, they say. Mrs. Evelyn Nesbit |
Thaw, since the menace of weary weeks /
of waiting involved in Mr.. Jerome's |
threat to seek the appellate division has
vanished, is cheerful again, as is the
prisoner. She visits Thaw in the |
Tombs daily and spends as long a time
there as she can.
Disagree About Evidence.
Counsel for Harry K. Thaw differed
today over the question whether to call |
more witnesses for the defense on the
OF the trial on Monday
Some of Thaws lawyers
favor calling no more witnesses and
urge that the summing be begun at
once, while others of his counsel de-
clare 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 ex-
animation was not completed. When
the case is resumed DR.. Hamilton will
still be on the stand and the question
before us whether it is wise to continue
mis- examination. I favor asking DR..
Hamilton his opinion of Thaw's sanity
He will testify that Thaw was insane
at the time of the shooting, we think,
and that will help our case. What his
opinion is in regard to Thaw's mental
condition now does not matter in view
If the commissions report. We will get
together before Monday and thresh the
natter out and arrive at some conclus-
on. Nothing has yet been decided
definitely
Mr.. Delmas was busy today putting
he finishing touches to his summing up
speech and it was said at his office that
lie viii take more than day to deliver
t. 1t was said that he will be the only
member of Thaw's counsel that will ad-
iress the court and jury in the sum-
ming up.