The herald-advance. (Milbank, S.D.) 1890-1922, 1907-03-29
COURT TO DECIDE IF TRIAL
SHALL GO ON OR COMMISSION
BE NAMED.
JEROME SPRINGS SENSATION
ACCUSED DEFENSE OF UNPRO-
FESSiONAL CONDUCT IN HOLD
ING BACK FACTS.

NSW IoIh, MdICu - ihC Nv" Va
which Harry Kendall Thaw has been
in terror since his trial for the murder
OF Stanford White began fell yester-
day. District Attorney jerome did o
make formal application for the ap'
pointment Of a commission in lunacy.
but in an impassioned speech he ap-
pealed to the conscience Of the court,
asserting that Thaw is unable intelli-
gently to advise his counsel and Is be-
lieved by every one who has watched
and come into contact with him to be
insane.
Thaw's Counsel Accused.
Mr.. Jerome asserted that the six
alienists who testified for the state
were convinced that Thaw was Of I'M
sound mind. Mr.. Jerome dramatically
accused the counsel for the defense OF
co%ncealing testimony which, IL pre-
scented to the court, would make the
continuance OF the trial a crime. So
earnestly did be plead that Justice
FITZGERALD dismissed the jury until Fri
day morning and adjourned u until
this afternoon, when he will consider
whatever evidence either side has to
offer and decide whether the trial snail
20 on or whether a commission IN
lunacy shall be appointed to pass upon
Thaw's present mental condition.
Dramatic and Exciting.
The scenes attending the adjourn
ment of court shortly after l o'clock
we're dramatic and exciting. Thaw's
counsel seemed taken utterly by sur
prise.
IF the real facts were known de-
clared Mr.. Jerome, Il have no right to
be here trying a man for his life.
But the knowledg l have cannot be
put in legal form before the jury. 1t
is mostly hearsay. But if l could get
the facts before you they would shock
and horrify the conscience OF the court
and instantly this case would be stop
ped"
Defense Scents Victory.
Justice Fitzgerald demanded that
counsel on both sides submit to him TO-
day all the evidence they possess touch
ing upon the sanity or insanity OF the
defendant.
When the trial adjourned Messrs.
Hartridge and O'Reilly of Thaw's
counsel ~professed the greatest pleas
ure over the turn Of affairs.
1.-The district attorney has acknowl-
edged himself beaten" said Mr.. Hart
ridge. 1--WE can combat the lunacy
commission. In the meantime the dis
trict attorney has acknowledged that
he believes Thaw was insane when he
shot Stanford White. That ought to
give us an acquittal."
Jerome Presents Affidavits.
New York, March %. - District At
torney Jerome yesterday presented TO
Justice Fitzgerald eight affidavits in
support Of the suggestion made We'd
nesday in the case of Harry K. Thaw.
that the defendant is now in such a
state of lunacy or insanity as to be in
capable of understanding the proceed
ings against him or making his de-
tense. The court was in session for
less than an hour. Dolphin NJ. Delmas,
for the defense, stating that their an
swer to the district attorneys propo-
sition was not ready. Justice Fitz-
gerald allowed both sides until Satur-
day afternoon at 2 o'clock to file such
afidavits as they desire with the clerk
of the court. There will be no further
hearing in the matter of the appoint
ment of a lunacy commission unless
Justice Fitzgerald SO directs after con
sidering such afidavits and exhibits
as are to be offered. Neither the jury
O Thaw was in court yesterday. The
fury having been excused until this
morning at 80 o'clock, there will
be a brief session at that time and a
formal adjournment until Monday
morning announced. BY Monday JUS
tice Fitzgerald is expected to be ready
to his decision.