The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-02-24
VIII Fight LunacY Commission
Move Of Jerome
THE REAL ISSUE. IS SANITY
The District Attorney Has Mo Taste,
He Says, for the Ordeal of the
Young WIfe-Was to
Prove Sincerity.

New York, February 23.-Counse for
Harry X. Thaw spent a good part of to-
day denying the usual crop of recess ru-
mors which spring up during every week
end adjournment of the trial. The attor-
neys were particularly anxious to have 1t
understood that they will fight any at
tempt on the part of District Attorney Je-
rome to halt the trial. and have com
mission in lunacy appointed to inquire
into and report as to Thaw's mental
condition.
Despite this however, the belief grows
that Mr. Jerome is continually pointing
his efforts in that direction. He perhaps
may have been Influenced by this idea in
making his cross examination of Evelyn
Thaw perhaps unnecessarily cruel when
he was dwelling upon her intimate rela-
tions with White. He hoped that the at
torneys for the defense might profit by
this first show of severity, and agree to
the appointment of a commission. When
they failed to do this after the first
session last Thursday Mr.. jerome ma
neuvered in another direction, he himself
declaring openly that he had no taste for
the ideal to which he was subJecting the
frail young woman and wanted to have
her testimony stopped long enough to put
upon the stand Drs Deemar and Binga-
man, the physicians of both branches of
the prisoners family.
1t is now said that Mr.. Jeromes idea
was to build up from the testimony of
these two physicians the ground work for
his application for a lunacy commission.
The defense objected strenucusy to the
physicians taking the stand at this time,
despite the fact thta they were summoned
/ from Pttsburg in behalf of the defend
ant. Mr.. Jerome was so insistent that
Drs. Deelnar and Bingaldan should be
called that Justice Fitzaerald was led to
| inquire:
Are they your witnesses, Mr.. District
Attorney, or were they summoned by the
| defense?"
Mr.. Jerome replied that their testimony
| was of such vital Importance to the case
that they might be his witnesses II the
defendants counsel were not willing to
have them go upon the stand.
Some days ago Mr.. jerome was given
! permission to examine the two physi-
! clans in his office, the idea being that
their testimony might be taken In the
| form of depo sitions. Evidently some
! thing occurred during the examination
/ 10 CduSt tDt dtltHSC W tdhp a IL
| view of the matter.
1t Is held that Mr. Jeromes anxiety
| to have the doctors testify at the ear
| liest possible moment can have but one
meaning-that their evidence has to do
with the defendants state of mind as
| shown through hereditary taints from
both branches of Thaws family.
Earlier in the trial, before Mr.. Je-
rome had examined the witness In per-
son, he was opposed to and blocked
most of their testimony. Now he is
more than anxious to get it upon the
records.
1t is also reported today that Mrs.
VIM. Thaw and other members of the
| Thaw family are anxious that the
| trial with all its shocking revelations
| shall stop. District Attorney Jerome
| has Just begun to show the strength
| of his hand, IT is said in testing the
credibility of young Mrs. Thaw, and
will present evidence concerning her
| relations with the defendant before
her marriage. Everything that ever
! transpired between them seems to be
known to the prosecution.
| When the trial is resumed Monday
morning Mr.. jerome may again try to
| induce the defendants attorneys to al
| low Drs Deemar and Bingaman to go
upon the stand. If they follow Thaw' $
| wishes, however, they Will oppose this
| move Mr.. Jerome Is not likely to ask
for a commission until more medical
| testimony is taken.
| The breaking down of Mrs Thaw
story will have little effect upon the
question of the sanity or insanity of
the defen liant, which Is the real issue
\ of the case. If commission in lunacy
| is not appointed, the trial may drag
| along for four or f1Ve weeks yet.