Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-15
NO HALT FOR THAW
Both Sides Say Trial Will Con-
tinue on Monday.
COURT OF SAME MIND
Defendant Shows Sympathy for Others
Under Affection.
JEROME rs AFTER DR.. EVANS
Warm Time Expected When the Pros
ecuting Officer Cross-Examines
the Expert Witness.
Special Dispatch to The Star.

Special Dispatch to The Star.
NEW YORK, February 15.-From indica.
tions the trial of Harry X. Thaw will be
continued on Monday morning, when the
criminal branch of the supreme court is
reconvened. 1t is the belief of District At
torney Jerome that Juror Joseph B. Bolton,
the death of whose wife called halt in
the trial yesterday, will be able to sit as
a juror Notwithstanding his bereavement.
1t is within the discretion of Justice Fitz-
gerald to determine whether or not Mr..
Bolton will be able to give his full attention
to the evidence presented, and that he be-
lieves he will was indicated by the justice
yesterday, when he said that he thought
the trial would go on.
1t is probable that when the trial is re-
sumed DIR. Britton D. Evans, the insanity
expert, will continue his testimony as TO
what Thaw said in the Tombs at the time
the expert was making his first three ex-
aminations Of him. He has testified that
on these three visits he found Thaw of I'M
sound mind, and it was only because OF
these admissions that the district attorney
was willing that the testimony as to Thaw's
declarations should be admitted. The line
will be drawn sharply. however, between
the first three visits of the expert and the
last five. On the last visits the expert said
although the prsoner'had improved grad
ually.
Jerome Will Fight.
The prospects are that Mr.. Jerome will
make a determined fight on the testimony
of DIR. Evans, and an interesting session Is
promised when the district attorney takes
the expert in hand. That there will be some
sharp conflicts has been made plain, both
by the episode in the corridor the other
| day. when Mr.. Jerome refused to shake
| hands with the medical man. and from the
! remarks passed during the direct eXemina-
! ton of the witness. If the experts test-
mony goes no further than it has already,
and Is confined to the eight vfsfts he made
| to Thaw in the Tombs there will be moth
| ing before the jury as to the condition OF
Thaw's mind from the time the last VISIT
| was made until the present Or. Evans has
| left the mental condition as still impaired,
though somewhat improved" and the dis
| trict attorney will probably want to know
! a lot more about this improvement. 1t Is
| the plan of the defense, apparently, TO leave
| the impression on the jury now that 1t has
been admitted that Thaw was insane for a
time in the Tombs that Thaw's gradual i'm
| provement has resulted in his returning to
| a normal condition What they may do to
| fill in the time between DIR. Evans last
! visit to Thaw in the Tombs and the time OF
| the trial is not known. The district attor-
| ney will probably put his experts on the
stand in rebuttal and their deductions may
not be in accord with the defense's views.
May Appoint Commission.
| If no further expert testimony is given
on behalf of Thaw to show the time when
| he ceased to be insane, it may be that q
commission will be appointed to determine
| his present mental condition. 1t Is now
within the province of the district attor-
| ney to ask for the appointment of such
commission and the defense will probably
not be DESTROYS of having one named, but
| fl,a q
Fitzgerald as to convince him that 1t would
| be wise to appoint commission, the JUS
| tice may do so. This will bring before the
| ewes of the prisoner the Specter OF the
| MatteaWan asylum for the criminal insane.
and he will DO all he can to combat such
| a move.
The only opportunity that the experts
| for the prosecution have had TO study
| Thaw has been since the trial began. DUR
| ing the trial they have watched him daily.
| If, the views of the laymen count for any
| thing the experts have seen nothing more
than a perfectly rational man in the pris-
| oner's chair. Against the testimony of DIR.
| Evans. however the district attorney has
the statements made daily as TO Thaw's
! appearance and condition by DR.. MCGUIRE,
| the Tombs physician. Since the day Thaw
was sent to the Tombs DR.. Mcclure has
| been making formal reports about the pris-
| oner. 1t is believed that these reports will
| show that DR. Mcclure saw no marked diff
| ference in Thaw from the time he was
| locked up the day following the shoot
ing until the time he went out for trial.
Jurors on a Holiday.
| The Thaw jurors are enjoying a holiday
| today and they will have another tomor-
row. for by order of the court, they are at
| their homes. Court attendants do not
| guard them, and they at liberty TO go
| where they will. Some of the jurors have
practically been prisoners since January %.
| Matters went much usual with Thaw
| in his cell at the Tombs today. Contrary
to some reports that he was downcast over
/ the sudden adjournment OF his trial. ne
seemed in anything but a mournfui MOOD
! this morning. He arose early, took snow
| err bath and then exercised briskly about
the corridors. When he got time he sent
| out for copies of all the New York, Boston
and Pittsburg papers. as well as fve OF me
London papers and it was evident that he
meant to spend as much time as possible
between now and Monday in reading &C
| counts of his trial.
Thaw in Good Spirits.
Thaw told his keepers he was feeling fine.
He expressed much sympathy for the be-
| reavement of Juror Bolton. and instructed
his counsel to see that floral offering be
sent to the Bolton home. He also told
Warden Flynn that he was very sorry for
Michael DoWney keeper per IN hee ane rerarasa
in the light of friend by many men locked
up from time to time in murderers row.
Thaw told one of his attorneys, MT: Fea.
body, that he wanted a floral wreath sent
| to the undertaking establishment from
which Downey will be buried. In the pris-
oner's mail was postal card dated "Baiti-
bunch of yiolets was depicted. and on the
card was written: Dear Mr.. Thaw: am
a little Baltimore girl, and send you this
as a token of sympathy. Lula Bell.
DR.. II. n. Ticker Of 1857 Washington
avenue, who attended Juror Bottoms wife,
said this morning that In his opinion Mr..
Bolton will be able to continue his duty
Bolton ii bearing up we'll under his be-
Bereavement, and that, while he IL somewhat
affected at present through grief and loss
Il It'll y>ah nj 1ot In in "a