The Washington herald., 1907-03-25

documents Tor the guidance or the court
IA its decision on the application of Dis
trict Attorney Jerome for Il commission
to inquire into the mental status of Harry
X Thaw at the present time win be hand
ed to Judge Fitzgerald tomorrow morn
ing. This is the result of busy morn
ing's work put In to-day by Jerome and
Assistant District Attorney Garvan for the
prosecution, and Hartridge and O'Reilly.
of the prisoners corps of lawyers.
Garvan was waiting for his chief when
the latter arrived at his Office in the
Criminal Courts building about Il O'Clock
So were also trio of stenographers who
were told on Saturday to make no en-
gagements for Sunday, as their services
might be required all day. As soon as
Jerome reached his office he and Garvan
got busy on d mass of papers and law
books containing citations bearing on the
application for the lunacy commission,
and began at once debating a long state
ment in support OF the application. Sew
eral drafts of this statement were pre-
pared by the stenographeTs. but it was
after o'clock before jerome and Garvan
had completed the final revision and de-
cided to knock of work for the day.
StenOgraphers Are Busy.
Beyond admitting thar the statement
would be presented 10 Judge Fitzgerald
tomorrow, in support of his contention
that Harry Thaw has been mentally un-
balanced ali during his trial. and is In no
tit condition TO advise with his counsel,
the district attorney would give no fndi-
cation Of what the statement contained.
Jerome intimated, however. that the state
ment would be made public tomorrow
after it has been presented TO the court,
It was several hours after the departure
of Jerome and Garvan before the corps
Of stenographers completed the tran
scription Of the statement ns is final
shape.
While the district attorney and his as
sistants We're at work in the criminal
courts building. Clifford " Hartridge and
Daniel O'Reilly. of the Thaw legal forces,
We're industriousiy engaged in the library
of the Bar Association I'm West Forty
fourth street preparing "a brief on the
legal points involved in the battle for "a
luHacy commission which viii also he
handed to the court tomorrow After
four hours hard work the two lawyers
left the bar association, but neither had
anything 10 disclose in regard to the
particulars Of the brief or of any new
points they had discovered which they
might regard as influential I'm affecting
Judge Fitzgeralds decision on Jerome's
application.
None of the other Thaw lawyers were
present at the Bar Association Neither
HarUidge nor O'ReiIly expressed any con-
cern over the absence Of Delmas. nor
that his two associates were drawing up
another document. the contents of which
would probably not be impaired TO him
before the brief was presented to Judge
Fitzgerald.
No Consultation Held.
At his apartment in West Seventieth
street, it was said that Delmas had gone
to Lakewood and would not return until
late in the evening Usually Henry c.
McPike, who may or may not be still in
the Thaw case, SO uncertain are the Thaw
lawyers themselves on that point, goes
along with Delmas on these weekend
trips but to-day he stayed at home.
Both McPike ard O'ReiIly were sure that
there would be no consultation of ali the
Thaw lawyers to-day.
McPike declared, however. that there
had been no friction among counsel be-
cause of the presentation to Judge Fitz-
gerald on Saturday last Of two punches
of afIidavits by Delmas and Hartridge
respectively. According TO Delmas part
ner. the two lawyers agreed last week 10
share the preparation of the affidavits
between them. Delmas had the eight
submitted by him TO the court completed
frst and then. finding that Hartridge's s
We're not ready, sent them 20 the printer
by whom they We're returned only on
Saturday
Delmas. it is understood. will present
no documents or briefs of his own prepa-
ration tomorrow, as Hartridge is the
attorney OF record in the case, and all
briefs IN opposition 10 Jer0me's applica-
uon for the lunacy commission would
naturally be entered in his name
For the first time since her husband s
Incarceration in the Tombs on June 26
last the day after the murder of White.
Evelyn Thaw succeeded in having an
interview with the prisoner on a Sunday
without having first secured special
permit from the commissioner. During
the early part of Thaws soiourn In the
Iombs his wife made one Sunday visit
TO, him, but not until she had received
permission from Commissioner COggey
Evelyn sees Her Husband.
This afternoon the younger Mrs. Thav,
accompanied by her maid. Anna Crane.
drove down 10 the Tombs in an automo-
bile brOugham and left a note with Dep
uty Warden Watterson for her husband.
Telling the officer that she would call
back for an answer in about half an
hour, she re-entered the brougham, which
headed down town. When Mrs Thaw
got back 10 the TOmbs she met Comrnis-
sioner COggey. who had just come from
the prison
The commissioner suggested that she
might go upstairs and see her husband.
If she SO wished. When she came down
again, about twenty minutes later. she
smiled her thanks at the commissioner
for the courtesy extended. Mrs. Thaw
wore the same blue tailor suit and black
picture hat in which she has appeared
in court Turing the trial.
Thaw himself attended the Episcopal
service. conducted by Rev. John H. Wade.
this morning Before going To church he
spent some time in the perusal of letters
which he had not had an opportunity of
reading on Saturday night Among the
four special delivery letters which came
90 him this morning was one from Daniel
O'Reilly, who generally visits the prisoner
on Sunday. but could not do so to-day be-
cause Of his engagement with Hartridge
at the Bar Association.
Thaw did not seem at all Jared by the
reiterated reports OF conflict among his
lawyers and was in unusually good
spirits an day The visit of his wife IN
the afternoon was pleasant surprise.
which induced him 10 write a short note
OF thanks TO the commissioner, after Mrs
Thaw had left for the Hotel Lorraine.