Omaha daily bee., 1907-03-24
Affidavit of Delmas.
Z. Delmas In his affldaVit saws:

hOAoiN'
Amdavit of DeImas.
Mr.. Delmas in his affidavit says:
| The professional relations which I have
| held with the defendant since the beginning
\ Of the trial until the present time, the
many interviews l have had with him dur
I have sent to him and received from him,
coupled with my experience at the bar,
pacity OF Harry K Thaw as regards his
understanding of the proceedings against
him and power to make his defense.
And do, upon my oath, solemnly state
that during the time of his trial Harry X.
| Thaw has been and is capable OF under
standing the nature Of the proceedings
! against him. comprehendinE his own cond-
/ tiOn in reference to such proceedings and
of conducting his defense in a rational
The chief exhibit cited by Mr.. Delmas is
the note from Thaw appointing him chief
counsel, the second day OF the defense. It
will be remembered that the first day of
| Thaws defense was decidedly disastrous
to his case Mr.. Delmas declared that
Thaw wrote to him follows:
Dear Mr.. .Delmas: On the 9Th Of this
| month, at the request of my then senior
counsel with all other counsel concurring,
| and on my own motion, l appointed you ply
| chief counsel, to conduct and manage the
| present trial before Justice Fitzgerald, In
| accordance with your own views and plans,
giving you full authority in the matter.
| wish today to reiterate and confirm every.
| thing that was then done in those premises
| and TO tell you that no one but you has any
| right or authority to make any agreement
| or stipulation in any manner relating to
the conduct Of the trial or to take any un-
authorized steps therein. Very sincerely
| yours, II. X. THAW.
some of the Notes.
The letters attached to the affidavit con-
tain numerous suggestions concerning the
| conduct Of the case. In one instance Mr.
Delmas is requested to personally conduct
the examination OF all witnesses In a
letter sent during the examination Of Mrs
Thaw the prisoner said:
Ny wife's strength is ebbing She cannot
recuperate until after the cross-ex-
broke down and her testimony was
stricken out Her condition of nervousness
and sadness is grave Cannot Or, Evans
another letter from Thaw to Mr.. Delmas
read:
Please arrange for Mr.. Carroll Beck
withs testimony, Mr. Peabody has brief
thereon We do not wish Jerome to
The further facts proved by Mr.. Beckwith
and the superior impression he will produce,
may discourage Jerome from annoying
MRS Thaw.
Mr. Beckwith ia one Of the artists for
whom Mrs Thaw once posed.
In still another letter Thaw declares that
he knows of respectable young married
woman in Wisconsin who was willing to
come on and testify that IS W" enticed
her to his studio and mistreated her
Exhibit H attached to MT. Delmas sf-
fdavit is a note from Thaw, In which he
says:
Dear Mr.. Delmas This is only TO CON
graduate you on yeor successes Your
first long objection was, Of course, obvious
but you trapped Jerome wonoertulIy py
your reference to a new planet, into shAk-
ing his head as you wished, and 90 con-
Guiding perfectly.
Under date Of February Thaw wrote
Delmas, as follows;
Not as principal but as husband,
must hear your notes for my wlfe's tes-
tImony, as / shall permit nothing but
the truth and wish TO prevent any unln-
territorial misrepresentation. Today q
was pleased to hear stand straight and safe
on facts-perjured himself In very natural
or studied mannef ln ms Ei sS, me ana
band, II not that Differences due 70 my
wishes as principal
Another note Of the same date says:
Mrs. Comstock comes after my wife,
presume7 WIN she testify Friday or Mon
day? My mother testihes tomorrow / sup
pose and some others, possibly Mr.. Catlin
or other witnesses, OF Whites two revolvers
(the last the unusual one) and his threats
and his ring. He always told her You
know nothing at an yet That removes
ters. l hope you can now answer my early
mote This requires none.
In one OF his letters to Mr.. DelmRs. Thaw
enclosed fve pages OF questions which he
declared Anthony Comstoek might answer
as TO Thaw's work with him. ThaW also re-
fers TO a letter In the possession Of Mr..
Gleason. which he says originated either
July 6 or 7, while still may have been
frenzied."
ThaW's Memory Accurate,
Attorney Gleason, In his AFFIDAVIT declares
Thaw's memory wonderfully accurate. In
his investigations he has always found
Thaw's statements as to facts 20 be correct
Henry o. McPike OF counsel declared that
Thaw has been treated as man In posses
sion OF a rational and healthy intellect and
without any suspicion or doubt as 20 his
mental responsibility
| Clifford w. Hartridge and A. Russell Pea
body complete the list OF counsel who filed
ahdavtts. The allenists who declare Thaw
cauable Of understanding the proceedings
against him are Drs Brtton ID. Evans,
Charles @. Wagner, Graeme NJ. Hammond
ana Smith f. Jelline. The physicians also
relate at great length many OF the incidents
OF the trial and many OF the daily CONVEX
sations they have had with Thaw.
Mrs. william Thnw's Amdavit.
Mrs. william Thaw's afidavit is con-
fned wholly TO family history and begins
THE move by the prosecution for an in
quiry into the ACCESSIBILITY OF a lunacy
commission for my son. Harry K. ThaW.
AFFORDS Ne the long desired opportunity Of