Daily press. [volume] (Newport News, Va.) 1896-current, 1907-03-23
PARTRIDGE DEFENDS
ACTION IN THAW CASE
Says Counsel is Not Guilty Of un-
professional Conduct as
Charged by Jerome.
JURY DISMISSED TILL WEDNESDAY
Thaw's Lawyers viii Submit Affida-
Wits This Afternoon Showing That
the Accused is Capable of Under.
standing What is Going on in Court
Family All In Court.
tBy Associated Press.l

10y Associated PreSS.)
NEW YORK, Mar. 22.-The Thaw
Jury was brought before Justice Fitz-
gerald i'll the Supreme Court today
and told they need not attend the
lrial again until next Wednesday
morning.
In the meantime Justice Fitzgerald
SAID he would receive affidavits from
Inc defense in answer to the sugges-
ton of District Attorney Jerome that
Harry Is. Thaw on trial for the MUIR
der of Sanford White, is at the pres.
ent in n condition of mental unsound-
ness, which makes him incapable of
advising his counsel or of understand.
ing the proceedings against him.
Justice Fitzgerald has designated
tomorrow, at o'clock as the time for
the defense to present its answer in
the clerks office.
He stated today that the district
attorney might have until Monday to
make response to the showing of the
defense
Clifford Hartridge, of Thaw's coun.
sci, stated today that the affidayits
to be presented in Thaw's behalf
would be made-by his attorneys and
the various alienists who have an
peared for the defense. These aft.
davits merely will state that Thaw
at present is able to advise his coun-
sci and fully understand the proceed
inss against him.
That is all the law requires us to
say" said the attorney. "It is not a
question as to whether he Is of un-
sound mind at all; the only question
at Issue is whether or not he under
stands the proceedings against him.
we claim we can produce overwhelm-
ing proof that he does. We will also
submit documentary evidence In
Thaws own writings"
When Judge Fitzgerald took his
place on the bench today all the
members of the Thaw family were
seated in the court room, and when
Harry Thaw was called to the bar
he seemed surprised and delighted
70 find them present. They had all
been excluded ever since the taking
OF testimony was begun The pris-
oner lowed to each member of the
family group in turn and they all
smiled back to him confidently. OF
Thaw's attorneys, neither Mr.. Delmas
nor MIR. Gleason was present 1t was
generally understood the proceeding
was to be but a formal adjournment
or court until Justice Fitzgerald had
mad time to satisfy his conscience as
to whether or not a commission in
lunacy shall be ordered
Justice Fitzgerald Gracious.
After the jury had retired Justice
Fitzgerald said that on Yesterday Mr.
Hartridge had attempted to be heard
Il understand" he said. chat he had
something to say in the matter of
time of adjournment and | did not
allow him to proceed It occurs to
me now that he may have desired
to make statement with reference
to the district attorneys remark that
he had served notice on the counsel
OF record that IL they possessed infor.
nation he believed in their posses
sion, to call the matter to the atten.
ton of the Appellate Division. I will
hear Mr.. Hartridge now If he SO de-
sires."
Before Mr.. Hartridge could reply
District Attorney Jerome himself
arose to make statement.
Il did not mean to charge Mr.. Hart
ridge with unprofessional conduct"
said the district attorney, "but stand
on what said, that If find at the
conclusion of the trial that they pos
sessed knowledge which would lead
one to believe they had persisted in
trying man incapable of understand
ing the proceedings against him !
would take the matter up. II my re.
marks We're construed as charging un.
professional conduct, was simply I'M
fortunate in my expression"
Mr. Hartridge's Statement.
Mr.. Hartridge said: "The district
attorneys remarks were given the
widest publicity and did want to
have an opportunity to reply. What
he had said to me was in the course
of a private conversation at which
no one else was present, 1t was on
the suggestion that If anything devel.
oDcd in the line of what he has point
ed out he would take the matter up.
replied to Mr.. Jerome by telling
him that If he thought our client was
insane he should come out and say
so. He answered that there was a
big difference between an official
opinion and an unofficial opinion IL
he was convinced that Harry Thaw
was insane he would come out and