Daily press. [volume] (Newport News, Va.) 1896-current, 1907-03-24
His Leading Counsel, Dolphin Del.
mas, Confident That Accused
is Able to Understand
DEFENDANTS LETTERS AS PROOF
His Writings, Declare the Defense, Are
Ample Evidence That He Knows
What is Going On During the Trial
Several Samples of Thaw's Let.
ters Given Out.
(Dy Associated Press.l !

(By Associated Press.)
NEW YORK March 23.-The attor-
hcys for Harry X. Thuw today filed nm
answer to the suggestion made by Dis
>trict Attorney Jerome to Justice Fitz-
gerald that Thaw is mentally incap-
anie Oh understanding the nature of the
proceedings against him and is n sub
pect Tor commission of lunacy rath-
er than Tor q jury which holds only
the power of liberty or death.
experimenting their own opinion
mat Ihaw does understand the ma
lure or the proceedings against him
i ana daily advises intelligently with
ms counsel, the lawyers have filed af
fldavits from the medical 5exnerts ON.
ployed by the defense and a further
nfhdnyit by Mrs. William Thaw. the
mother of the defendant.
II MIS-. Thaw, however, does4i.ot nd.
dress her. self to the question .imme.
diately at issue. ~ She takes. siiiyant.
ageSs9f the onpOrttnity,f She declares 8:
To- state that in the direct line OF de.
scent for four generations there has
been no insanity or epilepsy In the
prisoners family.
She resents the malicious misrep.
resentation and gross exageeration"
on the subject. The principal affidavit
made In Thaw's behalf is signed by
Dolphin M. Delmas, his leading coun.
sci. Mr. Delmas attaches to his per-
sonai statement scIre or more OF
letters and notes he has received from
Thaw during the progress of the trial
These writings of the defendant. Mr..
Delmas declares, clearly indicate his
grasp OF the proceedings and have
continued from time to time various
suggestions as to the course of the
defense.
Many of Thaw's notes to Mr.. Del.
mas were addressed to the attorney
in court, this method Of communities
ton beirg made necessary by the fact
that the attorney at the beginning of
the Introduction Of the testimony left
his place at ThaW's counsel table and
moved to better vantage point inside
the railing where the district attor-
ney and his assistants had taken up
their position.
The aflidavits which Thaw's coun-
sci hope will block Mr.. Jerome's move
Tor a lunaey commission were filed
with the clerk Of the Supreme Court
this afternoon and were turned over
by him to Justice Fitzgerald who will
announce his decision probably on
Wednesday next, when the 'rhaw Jury
Will be ordered to report again.
No Decision Till Wednesday
Justice Fitzgerald will indicate the
fact to the opposing counsel on Mon
day if he desires further hearing on
the subject of a commission. Whether
or not a commission will be appointed
rests solely with Justice Fitzgerald
whose conscience was appealed to by
the. district attorney.
Mr.. Delmas in his affidavit says:
The professional relations which
have held with the defendant since
the beginning Of the trial until the
present ti1ne. the many interviews
have had with him during that period,
tho many communications have sent
to him and received from him coupled
with my experience at the bar, en-
able me to form an opinion of the
capabilitv of Harry X. Thaw as re-
CARDS his understanding OF the pro-
ceedings against him and power to
make his defense.
And do. upon my oath. solemnly
state that. during all the time of his
trial. Harry X. Thaw has been and Is
capable of understanding the nature
and object of the proceedings against
him; of comprehending his own con-
dition in reference to such proceedings
and Of conducting his defense in a
rational manner, and that during the
whole of the trial he has understood
the nature and object OF such pro.
ceedings, has comDrehended his own
condition in reference thereto and has
conducted his defense in rational
manner
Made Delmas the Whole Thing.
The chief exhibit cited by Mr.. Del
mas is the note from Thaw. appointing
him chief counsel the second day of
the defense.
1t will be remembered that the first
day of Thaw's defense was decidedly
disastrous to his case. Mr.. Delmas