The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1907-03-01
FRIDAY AFTERNOON, MARCH /, 1907.
JEROME BELIEVES THAW IS IN
SANE
LAYING Plans for a Lunacy Com
mission.

NEW YORK, repIudiy Ao.~Ooun"oi
for Harry K. Thaw spent a good part OF
today denying the usual crop of recess ru
mors which spring up during every week
end adjournment of the trial. The attor-
news were particularly anxious to have ii
understood that they will fight any attempt
on the part of District Attorney jerome to
halt the trial and have commission III
lunacy appointed to inquire into and report
as to Thaw's present 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 relations
with Stanford White He hoped that the
attorneys for the defense might profit by
this first show of severity and agree to the
appointment of commission. When they
failed to do this after the first session last
Thursday Mr.. Jerome unanswered in an
other direction. He himself declared
only that he had no taste for the ordeal
for which he was subjecting the frall
Young woman; wanted to have her testi-
mony stopped long enough to put on the
stand Drs. Deemar and Bingaman, physi-
clans to both branches OF the prisoner S
family-the former to the Copleys, Mrs
Thaw's parents, and the latter to Thaw s.
1t is now said that Mr. Jerome idea
was to build up from the testimony OF
these two physicians the groundwork for
his application for lunacy commission.
The defense objected strenuously to the
physicians taking the stand at this time,
despite the fact that they were summoned
from Pittsburg in behalf of the defendant.
Mr.. Jerome was SO insistent that Drs.
Deemar and Bingaman should be called
that Justice Fitzgerald was led to inquire:
care they your witnesses, MIR. District
Attorney, or were they summoned by the
defense p
Mr.. Jerome replied that their testimony
was of such vital Importance to the case
that they might be his witnesses if the de-
PENDANT counsel were not willing to have
them 90 upon the stand.
Some days ago Mr.. Jerome was given
permission to examine the two physicians
in his office, the idea being that their tes
timony might be taken in the form of dep
ositions. Evidently something occurred
during the examination to cause the de-
tense to take a new view Of the matter.
The District Attorney in insisting that the
doctors be heard declared that it was nee
essary for them to take the stand, as the
introduction of dispositions was not possible
without the consent of the other side.
In his anxiety to introduce the testi
mony of the physicians last Thursday the
prosecutor went to the extent of declaring
that he had reason to believe that they
were about to depart from the jurisdiction
of the court. He further declared that
under an opinion of the New York Court
of Appeals it was impossible to extradite
witnesses from another state, even though
they had left this jurisdiction while under
subpoena. Mr.. Jerome all the while had
the personal assurance Of both Drs. Deemar
and Bingaman that they would return at
any time, and he had full confidence in
them, as he indicated later in the day,
when his stand threatened to cause the
court to sit on Washington birthday and
today.
1t is held that Mr.. Jerome's anxiety to
have the doctors testify at the earliest pos
sible moment can have but one meaning
that their evidence has to do with the de-
PENDANT s state of mind, as shown through
hereditary taints in both branches Of their
family. Earlier in the trial, before Mr..
Jerome had examined the witnesses in
person, 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 that Mrs. William
Thaw and other members of the Thaw
family are anxious that the trial, with all
its shocking revelations, shall stop. Dis
trict 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 have much evidence to Of
fer concerning her relations with the de-
PENDANT before their marriage Every
thing that ever TRANSFERRED between them
seems to be known to the prosecution.
When the trial is resumed Monday
morning Mr.. Jerome may again try to in
duce the defendants attorneys to allow
Drs. Deemar and Bingaman to 60 upon
the stand. If they follow Thaw' wishes,
however, they will oppose this move. Mr..
Jerome is not likely to ask for a commits
sion until more medical testimony is taken.
The breaking down of Mrs. Thaw' S
story will have little effect upon the ques-
ton of sanity or insanity of the defendant,
which is the real issue of the case. If a
commission in lunacy is not appointed the
trial may drag along for four or five weeks
yet.
IF District Attorney Jerome can con-
clude his cross examination of Evelyn
Nesbit early the coming week Mrs. VIII.
liam Thaw, the mother of the defendant,
will be placed upon the witness stand by
the defense. While the testimony of Mrs.
William Thaw will deal mainly with the
insanity tendency in the family, she will
be able to give much testimony to substan
tiate the contention Of the defense that
Thaw' love for the girl was very genuine
and that his feelings were such that the
repetition of SUCH tales as Evelyn Nesbit
repeated to him were likely to have affected
his mind and to have led up to the mental
explosion which resulted in the killing of
Stanford White. The appearance upon
the witness stand Of the aged mother is
expected by the defense to make very
deep impression upon the jury, for Mr..
Delmas will bring out denial Of the par
ticularly malicious falsehood that she was
to pay $500, 900, or some such sum, to
Evelyn Nesbit Thaw for submitting to the
ordeal involved in Mr.. Jerome's cross-ex-
animation of her. Contrary to general
opinion, the relations between the mother
of the defendant and the defendants wife
nave been cemented by this trial and are