The San Francisco call., 1907-03-24
ThaW'S Counsel and Mother Combat
Move for Lunacy Commission
Affidavits and Letters to Show That
Whites Slayer IS Now Sane

NEW YORK, March 23.-The sttor-
neys for Harry K. Thaw today fled an
answer to the suggestion made by Dis
trict Attorney. Jerome that Thaw is
mentally incapable of understanding
the proceedings against him and is
subject for a commission in lunacy
rather than for a jury. Supplementing
their own unanimous opinion that Thaw
does understand the nature OF the
proceedings against him and daily ad-
vises intelligently with his counsel the
attorneys have filed afidavits from the
medical experts employed by the de-
fense and "A further affidavit by Mrs.
William Thaw, the mother Of the de-
fendant. Mrs. Thaw, however, does
not address herself 70 the question i'm
mediatelv at issue. She takes advan-
the direct line Of descent for four gen
erstions there has been no taint of in-
sanity or epilepsy in the prisoners fam
iiy. She resents the malicious misrep-
resentatiOn and gross exaggeratiOn" on
the subject. The principal affidavit
made in Thaw's behalf is signed by
Dolphin NJ Delmas. his leading counsel.
Delmas attaches to his personal state
ment a score or more OF letters and
notes he has received from Thaw dur
1ng the trial These writings. Delmas
declares, clearly indicate his grasp OF
the proceedings and have contained
valuable suggestions.
The affidavits which Thaw's counsel
hope viii block Jerome's move for a
lunacy commission were fled with the
clerk OF the Supreme Court this after
noon and were turned over TO Justice
fitzgerald. who viii announce his de-
cisiOn probably "Wednesday morning
TO report again.
Justice Fitzgerald viii indicate to
the opposing counsel Monday II he de-
sires a further hearing on the subject
Whether a commission viii be appoint
ed rests solely with Justice Fitzgerald.
DELMAs' AFFIDAVIT
Delmas in his affidavit says.
The professional relations which ] have held
with the defendant since the beginning OF the
trial until the present time, the many interviews
] have had with him during that period, tho
many cOmmuu ications ] have sent 10 him and
received from him, coupled with my experience
at the bar. enables me 10 form opinion of the
capacity Of n. X. Thaw as regards his under
standing ~ the proceedings against him and
foper 70 make his defense.
And ] DO upon my oath |solemnly state that
during al the time Of his trial Harry X. Thaw
has been aud Is capable OF understanding the
81 comprebeuding hE own condition in reference
20 such proceedings, and Of conducting his de-
fense In rational manner
The chief exhibit cited by Delmas is
the note from Thaw appointing him
chief counsel. the second day OF the
defense~ IL will be remembered that
the first day OF Thaw's defense was de-
cidedly disastrous 10 his case. Delmas
declared that Thaw wrote to him as
follows.
Dear DR. Dclmas: On the 9th Of this month.
"a the request ~ my then senior counsel vita
al other counsel concnrring and on my own mo-
ton appointed y0u as my chief counsel 70
conduct and manage the present trial before
views aud plans. giving YOU full authority In the
haaffor ] wish today 10 reiterate and confirm
cr,.rrflriur that was done then IN these premises
and 10 tell you that one but you has any
right or authority 20 make any agreement or