Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-03
.LOOPH0LE FOR THAW
Lunacy Proceedings May Stop
I. Trial on Murder Charge.
NO OPPOSITION TO INQUIRY
District Attorney Jerome Preparing to
Meet the Issue.
EVIDENCE OF THE ALIENISTS
Their Conclusions Such That No OPP
position to Commission is
q Anticipated.
NO OPPOSITION TO INQUIRY
EVIDENCE OF THE ALIENISTS

\ .'
NEW YORK January 3.-The New YORK
American today says
1t would not be surprising If Harry Ken
dali Thaw will never be called upon 10 race
q jury for the murder of Stanford Wm'e.
Based upon the belief that the only de-
Tense that will be urged in Thaws behal1
Is insanity, the district attorneys Office mas
been and is now making preparations TO
meet this issue squarely. If the plan OF
the district attorney does not mlscarry
Thaw's trial will be halted before any evil
dence of the actual killing of White Is
given.
Drs Allan McLane Hamilton and Charles
L. Dana the alienists who examined Thaw
shortly after the shooting, have publicly
declared the prisoner insane before, at
the time of and since the shooting.
These alienists retired from the case when
Thaw in anger dismissed his lawyers, ana
another examination was then made by ".
Clinton y. Evans of the Morris Plans On.
j. ASYLUM, and DR.. Charles T. Wagner,
superintendent of the State Asylum at
Binghamton, y. Y. Thaw submitted to an
examination of these aGenists only upon
the suggestion of his mother that the doc
tors desired to find proof in support of his
sanity.
A Thorough Examination.
These alienists were enabled to subject
Thaw to thorough physical and mental
examination 1t is understood in the dis
trict attorneys office Drs. Evans and Wag-
ner confirm the original diagnosis of Drs
Hamilton and Dana, and that the report
given TO Clifford W. Hartrdge is that Thaw
was not only insane when he shot Nhlte,
but is insane now.
Another report which has reached the
district attorneys office comes from DIR.
Mcclure.
physician who has often given expert tes-
timony at trials DIR. MCGUIRE, who has
seen Thaw daily since June %, and has
examined him closely without the prisoners
knowledge, declares Thaw to be unques-
tionably insane. Many laymen. keepers In
the Tombs and others who have heard
Tbaw talk and watched his actions have
said he Is not of sound mind.
Based upon these and special reports, Mr.
Jerome, who is to appear in person at the
trial will raise the question as to Ihaw
sanitay The district attorney cannot legal
" ask for the appointment of a lunacy
commission, but ii is within the province
of the district attorney to raise a doubt
as TO the sanity of Thaw in affidavits by
qualified persons. and the trial justice has
the legal right to order an inquiry to de-
termine the matter. 1t Is an unusual pro-
ceeding as in most cases defendants
willing to adopt plea of insanity. II they
are competent to understand it, to get out
of trouble.
Right of Counsel.
s
10 consent to the appointment of lunacy
commission but it is believed If the sug-
eestion came in regular way from the
Justice who is to try Thaw there would be
no objection, except the formal exception
taken against all court orders at a trial to
preserve the rights of defendant on ap-
peal.
IT Is believed in the district attorneys Of
fee Thaw is not competent to go on trial,
and with the appointment of a lunacy COM
mission Drs Flint, Macdonald and Maben,
alensts for the prosecution, Will De given,
under an order of the court the right to
examine Thaw and give testimony as TO
their conclusions before the commission,
which is legally made up of lawyer, doc
tor and layman.
II the proceedings as designed by the dis
trict attorney are carried out, and Thaw is
declared to be insane at the time of the
trial and not competent to properly prepare
a defense he will be sent to the Mattea-
wan Asylum for the Criminal Insane.
Thaw II Is said by some of the alienists
who have examined him, is suffering from
a progressive and incurable form of insan-
ity. and the Incarceration in the Mattea-
wan Asylum would be life sentence.
1t is also said in the district attorney
Office that not one of Thaw's lawyers has
ever given the opinion that he is sane, but
all have given the qualified opinion that
''Thaw claims he IS sane
Though special attention has been given
in the district attorneys office TO Thaws
mental state. every aspect of the case has
been thoroughly investigated, and the DIS
trict attorney il prepared TO prove, in case
he should be declared sane. that Thaw pre-
meditated the killing of White and eX-
pressed his intention of killing him during
period of fifteen months prior 10 'he ''ras-
Claim of Alienists.
A1ienists who haxe examined Thaw con-
tend that what the district attorney claims
ia evidence of reconciliation is the strongest
nroof that Thaw for fifteen months was
laborlng under the delusion that Stanford
White was interfering in his family affairs
which was expressed in the presence of wit
nesses Immediately after the shooting, in
the words: Il shot this man because he
ruined my wife" Alienists are prepared to
testify that Thaw's intense enmity against
White which went far as TO cause him
TO employ detectives to dog Whites foot
stems for a year and half, the de-
lusions of persecution born in deranged
brain
While every precaution has been taken to
preyent the slightest hint of the defense Of
Thaw from becoming known, the district
attorneys Office is informed that the de-
Tense will be insanity and the contention
will be that Thaw was not responsible Tor
his act when he shot White. The real fight
in Thaw's behalf by his counsel will be
made to keep Thaw out of the madhouse,
II 1t should come 10 pass that he is ac-
quilted after trial on the ground he was
insane when he KILLED White.
1t is said that Thaw has never been told
since he dismissed Judge Olcott after a
frank discussion of the plan of the defense.
based upon insanity in his behalf just what
will be urged as a defense. Thaw, II Is
said. has been allowed to hug the deusion
that at his trial he will be allowed to make
the plea that he was justified In killing
White because OF the great injury done to
his family and home
Thaw is enraged over the publication
OF the opinion OF DrS. Dana and Hamilton
that he is insane, and was in a surly mood
yesterday. He found fault with his keep
ers, his food and with every one who came
near him. Thaw angry that wher
his mother and his wife called him the
former could not stand his mood and she
left after a short interview. Thaw up
braided his wife that when she left the
Tombs her eyes Redeemed and heI
cheeks stained with tears.
Congress Resumes Work,