The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-03-24
.DELMAS SWEA.RS
THAT THAW IS Sane
Says Prisoner Has Ma
terially Aided Him in
5 Conducting Case.
FILES SEVERAL 4.
LETTERS FROM THAvyS
These Communications, Which
Are Well Expressed, Show
That Prisoner Is Well
Aware Of the Gravity
Of His Situa- 8
ton.

NEW YORK, March 2s.-The attor-
neys for Harry K. Thaw to-day filed
answer to the suggestion made by Dis
gtrict-Attorney Jerome to Justice Fi itz-sy5
gerald that rhaw Is mentally incapable
of understanding the nature Of the pro-
5ceedings against him, and Is a subject u
for q commission in lunacy rather than
for a jury which nolds only the power
OF liberty or death. Supplcmentlng their
own unanimous opinion that Thnw4 does
understand the nature Of the proceeds
ings against him and daily advises lin-5:
intellgently with his counsel. the laws
yers have filed affidavits from the med-
ical experts employed by the defense A
and q further affidavit by Mrs. Wills
liam Thaw, the mother Of the de-
fendant. Mrs. Thaw. however, does not tss
address herself to the question irnme- u
5diately at ISSUE. She takes advantage
of the opportunity. she declares, to
state that in the direct .ine OF descent b
for four generations there has been no s
taint OF insanity or epilepsy in the pris-
oner's family. She resents the mas
lcious MISREPRESENTATION and gross
eXaggeration" on the subject. +.
Delrnas's Affidavit. sss4$ 81
The principal affldavit made IL 4
Thaw's behalf Is signed by Dolphin ID. 4
loelmas. his Leading counsel. Mr. ID
1nent q score or more Of letters and u
notes he has received from Thawj
during the progress Of the trial. These
writings OF the defendant, MIR. y elmas
declares. clearly indicate his grasp Of
the proceedings and have contained
from time to time valuable assistance
as to the course of the defense. Many
OF rhaw's notes to Mr.. Delmas were
addressed to- the 4attorneyEin court, this 4
method of communic cation being made
necessary by the fact that the attor-A
ney at the beginning Of tho introd due
|tion5 OF testimony loft his 4 rlace5 at
rhaw's counsel table and moved to-
! a. better vanta point# inside the rail-
ling where the district attorney and
|this assistants had aken u their po-a
sition. if45
> The af1ldavits which 4 Thaw's counsel
hope will block MIR. Jeroms's move
for a lunacy commission were fled
with the clerk Of the Supreme Court
lthis afternoon and were II tuI ned over
I8by him to Justice Fitzgerald M't.oS
will announce his decisionsi Ia blyl
ON Wednesday next. when 4 tho IhaWi#
| jury has been ordered to report again
|GJusticc Fitzgerald will indicate the
fact to the opposing counsel on MOI
| day IL he desires further hearing8o on
| the subject OF a commission. Whether
or not commission will be appointed
rests solely with Justice Fitzgerald.
whose conscience was appealed to- by
the district attorney.
Mr. Delmas. in his affidavit, says:
Swears ThaW Is Sane.
THE professional relations which ~
have held with the defendant since the
beginning of the trial until the press
ent time. the many interviews I. have
had with him during that period, tho
many communications I have sent him
and received from him, coupled with
lmy experience nts5 bar enable me to-
| form an opinion OF the capacity Of
Harry Is. Thaw. as regards his UNDER
4 Istanding Of the proceedings against
i him and power to make his defense.
8"And do, upon my oath, solemnlyS
! state that during all of his trial, 4 Harry
4 X. Thaw has been and Is capable OF
4 understanding the nature and object
Of tho proceedings against him; Of
4 comprehcnding his own condition In
reference to such proceedings, and of
conducting his defense In a rational
manner; and that, during the whole;
/ of5the trial. he has understood the ma
ture and object of such proceedings.S
has comprehended his own condition
In reference thereto, and has conducted
4 his defense In rational manner.''
The chief exhibit cited by Mr.. Delmas
is the note from Thaw appointing him
4 chief counsel the second day Of the de-s
i fense. 1t Will be remembered that tho
first day of Thaw's defense was decidedly
4 disastrous to his case Mr.. Delmas de-E
/ clared that Thaw wrote to him as fol-s
/ lows: 463 WI
Letter to Delmas. @
Dear Mr. Delmas.-Qn the 9Th Of this
month, at the request of my then senior
! counsel. with all other counsel concurrlng.
and on my own motion, appointed you
my chief counsel, to conduct and mans
i ago the present trial before Justice Fitz-s
gerald, In accordance with your own
views and plans, giving you full authority
1 In the matter. | wish to-day to relternte
{ and confirm everything that was then
done In these promises, and to tell you
that no one but you has any right or au-4
4 thorlty to make any agreement or sttp.8
i ulation In any manner relating to the
conduct of the trial, or to take any un-s
authorized steps therein. Va a
i Very sincerely yours. III
/" II. X. THAyv.,' q
i With reference to the proposed tess
{ tinlony OF the artist. Carroll I3eckWith,
I ThaW wrote to Mr.. . elmas: II,
F"I insist that my counsel produce
4 Mr. Recliwith to testify regarding
f what he told me in the fall OF 190s,'
in 1901. 1905 and 1905 concerning Mrs.
II. X. Thaw's character and goodness
y In the year 1901. and tho change that
occurred III the fall of 1901, after the
meeting OF Mr. White" @
i Sane Instructions.