The Montgomery advertiser., 1907-02-16
A LUNACY
 COMMISSION Jerome May Make Bold
 Move. FLAWS COUNSEL EXCITED Afraid Attorney Will Send Client to Mad House. Much Depends on How Juror Boiton win stand shock Caused by
 the Death of His
 Wife.


 vers of the Thaw trial which has been postponed for several days be- cause of the death of a jurors wife believe the present trend of the trial as shown in the last two days is to. ward commission in Iunacy to do. termine officially Harry Thaw.s con. dition of mInd.
 This belief Is suggested by Distrfch Attorney Jerome's apparent wiilinR- ness to admit part of the will by hIa readiness to withhold technical obs 1ections to the testimony of Thceysa family physicians tending to throw light on the defendants mental statua and by his policy of yesterday in ad. hitting without opposition the conver- sation between Thaw and pr, Evans when the latter was examining tho prisoner in the Tombs.
 Counsel for Thaw have reached inc opinion that the trial may be ternii- hated abruptly anyl day from this cause. So fully convinced are they that Jerome will make this move that they are planning to light him on this line. Thaw himself Is credit cd with having declared that he would not face the asylum In preference to Sing Sing and the death chamber, so 1t can be seen with what feeling thia expected move of Mir. Jerome is creat. ing In the camp of the defense.
 One of Thaw's lawyers. In speak, Ing of tho probable plan for lunacy commission. said yesterday:
 As the case has progressed from day to day we have become more and more convinced by the conduct of the district attorney and his experts who are observing the defendant for hftn that 1t has been and is his purpose to lead the case to the point where he can apply properly for e commits. sion in lunacy.
 Don't Want Insanfty verdict.
 We don't want the boy declared insane. We want him acquitted,s hs added.
 The resumption of the trial on Mon. day will depend on how Juror BoItor. whose wife diad yesterday. stande ts4s ordeal pat on him ay this asflfrslon. It was the general opinion in court yesterday of men who had studied tho jurymen that Bolton. who appears tn be man of determination will stand the strain and that the trial will bo continued. Dr. Evans will then go Or, the stand again and 1t is expected that he will try to substantiate his opinion that Thaw was insane in August by giving Tbaw's own worda to him during three examinations.
 Following this testimony from the defense's own expert, 1t Is expected that District Attorney Jerome will ba prepared to make his application to the court for commission in luna. cy. If it should be made inmediate- 'ly following the admittance of the testimony from Dr. Evans, Mrs Thaw will not have completed her story, nor will she have to face cross exami- nation. which many have predicted would be terrible ordeal for her.
 Dr. Josiah Strong. President of the m IDu fr. said today that Harry K. Thaw con4 suited him more than two years ago about breaking up a den of vice" in this city which was protected by d wealthy and influential man. Thaw did not say where 1t was located. but pr Strong said the young man told him such story that it made his blood boil" Dr. Strong added that ha referred Thaw to Anthony Comstock.
 Thaw'4 Keeper Dead.
 Death has invaded Harry Thaw's en- vtronment Close on the passing of the wife of Joseph B. Bolton, one of the jurors, came the announcement of the death last night In hospital of Michael D. Downey. who for months had been Thaw's night keeper on the second tier of cells in the Tombs, which is known as 'murderers row"
 Downey had been a keep in the Tombs for more than tweuty-eight years, when Harry Thaw first cam0 to tho Tombs. Downey did not look with favor on the new prisoner But during the long watches of the night when Thaw paced up and down tho narrow confines of his cell. a warm friendship Tprang up between the keeper and the prisoner. When Dow ney is buried tomorrow. wreath bearing Thaw's card will rest on the casket. Thaw sent the order for the flowers to Warden Finn soon after he heard of the keepers death.
 Harry McPike. counsel for Thaw. said today:
 When the trial Is resumed next week Dr. Evans will conclude his tes- timony and Dr. Wsgner will be re- called to tell of hts conva EatIons with ThRw-oonversations which were ruled out last week. Then Mir. Thaws wife will finish her story and her mother Will be calS~f as a witness for tho first time. Finally. after Mir Thaw's will has been introduced as evidence, 1t Is possible that the family phvsi- clans of the Thaw family will eom- plete their testimony, The aIienists will be asked a few final questions in order to round out the case and then, unless something new develops, the de- fense probably will rest"