The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-04-09

was elected president of the State Super
intendents association to succeed S. A.
Minders of Nashville, the retiring state
superintendent of Tennessee w. b. Mer-
ritt of Atlanta, was chosen secretary. A
large number of prominent educators ar
rived tonight for the tenth anual con-
ference of education in the south, which
will meet here tomorrow for a four days
session. The delegates will be welcomed
to the state by Gov. r. b. Glenn.
already had been consumed in the trial.
making it the longest in the history of
New Yorks criminal courts.
Harry Thaw's family were early in
court and took the seats they have oc-
cupied on all occasions when they have
been allowed in the court room. Evelyn
Nesbit Thaw wore the familiar blue suit
and tho black sailor hat which several
days ago replaced the blue one trimmed
wlth violets which she wore during the
carly days of the trial.
She occupied a seat on the aisle Next
to her sat Mrs. William Thaw. the Coun-
tess of Yarmouth and Edward Thaw. In
the front row of seats were Mr.. and Mrs.
George Carnegie and Josiah Thaw.
Justice Fitzgerald was a few minutes
late in taking the bench. When he did
so and before the jury had been brought
into the room District Attorney jerome
arose and said he would formally ask
that the report of the commission in
lunacy which declared Thaw sane be not
confirmed He had no argument to Offer
Justice Fitzgerald reached for the conf
missions report, which lay on his desk,
and signed his name across 1t.
Signs Commissions Report.
"The trial will proceed" he ordered.
The jury then filed into the box and
Harry Thaw was called to the bar.
Mr. Delmas. of counsel for the defense,
asked the clerk to call DR.. Allen McLane
Hamilton, the alenist. who was on the
stand when the trial was interrupted
more than two weeks ago. Mr.. Delmas
wanted to get from Dr. Hamilton the
opinion that Thaw was insane when he
shot and killed Stanford White.
As soon as DIR. Hamilton was seated
IN the witness chair District Attorney Je-
rome objected He said DR.. Hamilton
should have been called as witness for
the defense In it's direct case. To call
him in surrebuttal he declared. meant
the reopening of the entire case.
Justice Fitzgerald sustained the objec-
tion.
After he had done so Mr.. Delmas ar
gued that DIR. Hamilton should be al
lowed to testify for the reason that Dis
trict Attorney Jerome had on the last
day of the trial said he would withdraw
to tell everything
1--WE accepted that Offer said Mr.. Del
mas. land therefore feel we have the
right to proceed under the agreement"
1.-THE court, as | understand the law"
said Justice Fitzgerald, "has no discre-
ton in the matter. There was no occa-
sion to rule on the question when it came
up before. Had it come up at that time
l would have been forced to rule as 1
rule now. The objection is sustained
After moments consultation with the
attorneys, Mr.. Delmas said:
Both Sides Rest.
THE defense rests"
1.-THE people rests" said Mr.. Jerome.
Justice Fitzgerald said he desired the
testimony should cease and expressed
satisfaction at the announcements.
Jury Confined.
He then stated that in view of the i'm
portance of the case he thought it would
be necessary to keep the jury together
until the close of the trial. He, there
fore, ordered that the jury be confined
under the same conditions as at the be-
ginning of the trial Mr.. Jerome sug-
gested that as this would be something
of hardship on the jurors, who had haG
no notice of it, they would be allowed to
go until 2 o'clock, in order to arrange
their affairs.
InlS Justice f1tZBeTdlu dTSTeeQ TO, ana
recess until 2 O'Clock was ordered
Justice Fitzgerald asked the attorneys
to submit to him in writing any requests
they might have to make as to his charge
to the jury.
Mr. Delmas announced that he would be-
gin his summing up address at O'Clock.
Idea of Defense.
District Attorney Jerome asked If he
could be given an idea of the time the
defense would require.
I'm a case of this character" said Mr.
Delmas, when the testimony has been SO
voluminous and where there have been
so many Interruptions, l deem it my duty
to refresh the minds of the jurors to
the testimony so far as possible. 1t may
take two or three, or four hours to do
this. If my remarks are not concluded
tonight and l find it necessary to intro
duce into tomorrow's session, | shall agree
to adjournment until the next day to
meet the district attorneys request that
he be allowed day to himself in which
to make an uninterrupted address"
''The court then is powerless to de-
termne how long Mr.. Demas will re-
quire." said Justice Fitzgerald. who then
informed the jurors that after 2 o'clock
they would be kept together until the end
is reached.
Spectacular Moment.
One of the most spectacular moments
in the Thaw trial was when Dolphin
Michael Delmas arose this afternoon to
address the jury for the defense. 1t
was his final plea to pass on the fate
of Harry X. Thaw and no stage setting
could have been better set than were
the surroundings in which the attor-
ney found himself when with a bow to
the court and to the jury he began
an argument that promised to be as in