The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-04-06

New York. April 5-The trial of Harry
K. Thaw will be resumed on Monday,
and everything now points 10 the termina-
ton of the long-drawn-out trial about
the middle of the week. This prediction
is based on the fact that District Attor-
ney jerome viii not make any move be-
fore the Appellate division for a review
of the decision of Justice Fitzgerald re-
fusing him a copy OF the minutes of the
secret examination of Thaw made by the
lunacy commission. which has declared
Thaw sane and now competent mentally
TO nationally advise with his counsel.
District Attorney Jerome made up his
mind this morning that he would not
fight Justice Fitzgeralds decision on the
minutes of the commission that examined
Thaw. Mr.. Jerome made a very careful
study of the situation before he came TO
the. conclusion that it would be an un-
necessary waste of time TO attempt TO
have the higher courts override Justice
Fitzgerald.
jerome Reaches Conclusion.
After making study Of the situation
Mr.. Jerome came to this conclusion: If
the Appellate division decided that he was
entitled TO the minutes. he would have
more material TO argue against Justice
Fitzgerald's confirming the report OF, the
commission. but that would be all
Justice Fitzgerald has practically an
nounced that he Will confirm the unani-
nous report of the commission. and it Is
not expected that any talk Mr.. Jerome
may make will change The courts mind.
Having reached this view Mr. Jerome
decided that even with the minutes his
position would not be changed and a
week longer would have been added 10 a
trial which, in the opinion of many per-
sons. has already been unnecessarily
pToUacted
When the trial was suspended for the
appointment of the lmacy commission.
Dr. Allan McLane Hamilton was on the
stand. He had been called by the de
Tense. IL is said that DR. Hamilton will
take the stand again on Monday and
swear that in his opinion ThaW did not
know what he was doing when he killed
White. After the report of the commits
sion OF course he viii not be allowed to
testify about Thaw's present sanity.
Mr.. jerome may make a speech In OPP
position 10 the confirmation of the report
of the lunacy commission. If he does II
viii probably be pretty brief, Mr.. jerome
doesn't feel that long speech would ae-
complish any more than a brief one.
II is not expected that Dr. Hamilton s
examination, should it be continued, Will
take very long, and from the present state
of affairs he viii be the last witness
FOR the defense. Mr.. Jerome does not in
tend TO call any more witnesses.
DeImas 20 Make Long speech.
That means that Dolphin Michael Del
mas, the orator from the Pacific Slope.
will Degin to make his final plea to the
jury on Monday morning. Mr. Delmas
does not seem TO know how long he will
take He was allotted day. in the week
long past. when everybody thought the
trial was near an end but it is said now
by some OF the lawyers for Thaw that he
may take two days. He has been gath
ering ammunition for two days for his
summing mp.
Mr.. Jerome may take three hours or less
for his speech In view of the many COM
nlications III the case and the statements
which Mr. Jerome has made concerning
ThaW's present sanity, some of which are
supposed. technically. not to have reached
the jury. there is a great deal of interest
as TO how MI Jerome viii handle his side
of the case.
OF course he Will ask for a verdict OF
murder in the first degree. and his line
OF argument may be that if Thaw is now
sane and was insane in 1893, 1894, 1903. the
night he killed White in June, 1906, and
as late as last September. when he be-
gan TO improve according to the experts
then murder must cure insanity.
Justice Fitzgerald may charge the jury
On Wednesday unless something unfOr-
seen happens The trial viii have lasted
then twelve weeks.
Before il became known to-day that
Mr. Jerome had made up his mind not 20
fight against Justice Fitzgerald's decision
in reference to the minutes of the lunacy
commission, the district attorney called
on Justice Patterson. presiding justice OF
the Appellate division. II was said, how
ever that Nj Jerome had decided what
he was going to do before he called on
Justice Patterson.