Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-03-22
AFF|DAV|1S IN
THAW'S BEHALF
Judge Fitzgerald Designates To-
morrow as Time for Defense to
Present Them in Clerks Office.
Jury OFF TILL WEDNESDAY.
Defendants Family We're All in Court
For First Time Since Taking
Or Testimony Began.

New York, March 33.--rhe Thaw Jury
was brought before Justice Fitzgerald
Today In the supreme court and told
they need not attend the trial agaiu
until next Wednesday morning La the
meantime Justice Fitzgerald said hs
would receive effldnylts from the de-
feflse in answer To the suggestion of
Dist, Atty. Jerome that Harry X.
Thaw, ON trial for the murder of stan
FORD White, is at the present time in a
condition Of mental unsoundness which
renders him incapable of advising his
counsel or of understanding the pro-
ceedlngs against him,
Justice Fitzgerald has designated to-
morrow afternoon al 2 o'clock as the
time for the defense to present It's af1i-
davls In the clerks office, He stated
today that the district attorney might
have until Monday to make response to
the showing OF the defense
WHAT AFFIDAVITS WILL STATE
Clifford Iaartrsige, OF Thaw's cOun-
sci. stated today that the atF1dayits to
be presented in Thaws behalf would
be made by his attorneys and the vaIi-
Gus alIenists who have appeared for the
defense These sfl1dav1fs merely wall
state thar Thaw at present Is able to-
advise his counsel and fuzzy understand
the proceedings against him. THAT ia
all the law requires us TO say" said the
attorney. ut is not a question as to
whether he lie OF unsound mind al all
the only question at Issue Ia whether or
not he understands the proceedings
against him. We can produce over
whel.ning proof that he does. We Will
also submit documentary evidence in
Thaw's own writing"
whOn Justice Fitzgerald took his
place on the bench today all the metu-
bers OF the Thaw family We're seated
In the courtroom and when Barry
Thaw was called TO the bar he seemed
surprised and delighted to- find them
present They had all been xcluded
ever since the taking OF testimony was
begun The prisoner bowed to each
member of the family group, and In
turn they all bowed and sfnaled ut
him confidently. OF Thaw's counsel
neither Mt Delmas nor Mr.. Gleason
stood the proceeding was To be hut Il
formal Adjournment of court,
AS the court was formally opened
Dist Atty. Jerome sugg ested that the
jury be excused until Tuesday morning
next, Justice Fitzgerald thought Wed
nesday would be early enough He
So Informed the jurors and they i'm
mediately with frew. Justice E'ltzeer-
aid told the attorneys that if he de-
sired n hearing in the matter Of the
proposed commlsslcn he would inform
them by Monday evening or Tuesday
morning.
After the jury had retired Justice
Fitzgerald said that only Mr. Hart
ridge had att .mpted to be heard
STATEMENT BY COURT.
II understood" he continued, chat
he had something to say In the mat
ter of the tina OF adjournment. and |
did not allow him to proceed. II oc-
ours TO me now that he might have
desired TO make IA statement with ref
erence 10 the district attorneys re-
mark that he served notice on the
counsel OF the record that II they pos
sessed intornna don he believed to BIO
In their possession, no would call n
matter to the attention of tho appel
late division. Will hear Nh. Hart
ridge now II no SO desires
JEROME EXPLAINS.
Before Mr.. fIartridge could reply
Mr.. Jerome came forward with L
statement II did not mean to charge
MIR. Hartridge with unprotcsslonal
conduct" said the district attorney,
but I stand on what ! said that II
[ ind at the con cIusion OF the trla
that they had possession OF Knowledge
which would lead one to believe they
had persisted in trying man in
capable of understanding the proceed
inns against him, ] would take the
construed as charging unproresslonal
conduct was simply unfortunate In
my expression.
PARTRIDGE REPLIES.
Mr.. HartrIdge said; THE district at
torney's remarks were given the widest
publicity and did want 10 have an
opportunity 10 reply, What he said 10
me was In the course OF private con-
versation at which no one else was
present. II was only n suggestion that
II anything developed In the line OF
that he has pointed out. he would take
the matter up,
Il replied to Mr. jerome by telling
him that II he though our client was
snsane he should come out and say
SO He answered that there was a
big difference between an official opln- 4
ion and an unofficial opinion that II
he was convinced officially that Harry
rhaw wHs Insane he would come out
and say so, He also said that we
should not suppress amy testimony
which would tend TO shed light upon
dit.on. I told him we were moi siding
or supervising anything, He wanted
10 know what we intended 70 DO with
regard to the testimony OF DR. Blnga.