Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-04-08
II is Not Unlikely That a Verdict
May be Reached by Next
Wednesday Night.
ARGUMENTS THIS AFTERNOON.
Mr.. DeImas viii Open for the De-
tense and win be Followed
by District Atty. Jerome.
Judge Fitzgerald VIII Instruct Jury az
Close OF Addre sses--ytr0rs VIII
BE Kept Together

View York, April s.--A verdict In the
Thaw case may be reached by We'd
nesday night
When the trial was resumed today,
Justice Fitzgerald overruled Dist Atty.
Jsrone's formal protest against the
confirmation of the report OF the COM
mission on lunscy which declared
Thaw sane The justice signed The re-
port and ordered that the trial pro-
coed.
DR.. Allan McLane Hamilton was
called as the last witness. but the dis
trlct attorney objected to his testify
sng at Ihls stage OF the case. The OBJ
lection was sustained, and then both
the defense and the people announced
that they rested.
MIR. Delnas Will begin his summing
UP address at ~ M, the jury having
been excused until that hour TO get
their personal affairs in shape Be
ginning this afternoon the jurors VIII
be confined until the end of the trial
Mr. Delmas said he might conclude
his speech tonight. If he does so, MI.
Jerome will speak tomorrow, Ii MIR.
Delmas should not finish until tcmor-
row however. the district attorney WILL
not begin his address until Wednes-
day morning.
Justice Fitzgerald is expected to
charge the jury the same day MI Je-
home Closes
With the trial finished save for the
Summing up the belief that the jury
Will disagree Is growing among those
Who have been following the case since
its beginning. The trial has been the
longest and most costly ever held In
nd Isl ST rp rall Wisl
not allow the jury to- be discharged un-
III IL is certain that there is no chance
OF their agreeing Even III they do an
notnce 4 disagreement he Will without
doubt send them back To the juryroom
again and keep ihem there as long as
There is a chance To- get AN agree
ment. a disagreement would mean
THAI Thaw would be obliged TO remain
In the Tombs until his regular turn
again. probably nntil late In the fail
When the Tlraw trial was resumed
this morning II was believed IL had at
la entered upon its final week. Eleven
weeks already had been consumed la
the trial, making 1t the longest In the
history of New York's criminal court
Harry Thaw's family were early in
court and took the seats they have
occupied ON all occasions when they
have been allowed in the courtroom
Evelyn Ncsbit Thaw Wore the familiar
blue suit and the black sailor hat which
several days ago replaced the blue one
trimmed with violets which she wore
during the early days of the trial. She
occupied seat upon the aisle. Next
to her sat Mrs VIM. Thaw, the
Countess of Yarmouth and Edward
Tliaw- In the front row of srats were
Mr. and Mrs, George L.. Carnegie and
Josiah Thaw.
Justice Fitzgerald was few minutes
late In taking the bench, When he did
so and before the jury had been brought
1nto the room. Dist. Atty Jerome arose
and said he would formally ask that
the report OF the commission In lunacy-
which declared Thaw sane. be not con-
Iirmed. He had mo- argument to oter-
Justice Fitzgerald reached for the
commissions report, which lay on his
desk, and signed his maine across It.
.'The trial will proceed" he ordered
The jury filed into the box and Harry
Thaw WAS called to the bar.
Mr.. Dellnas. of counsel Tor the de-
tense. asked the clerk to call DIR. Allan
McIane Hamilton, the alienlst- who
was upon the stand when the trial was
interrupted more than two weeks ago.
MIR. Delmas wanted to get from DR..
Hamilton the opinion that Thaw was
insane when he Killed Stanford White.
AS soon as Dr. Hamilton WAS seated
In the Witness chair Dist. Atty Je-
rome objected He said Dr. Hamilton
should have been called as witness
by the defense In it's direct case. TO
call him in sur-rebuttal, he declared
meant the reopening of the entire case
Justice Fitzgerald sustained the OBJ
lection
After he had done so, MI. Demas
argued that Dr. Hamilton should he
allowed to testify FOR the reason that
Mr. Jerome had on the last day OF the
trial said he would withdraw his OBJ
lection II Or. HAMILTON was allowed TO
tell everything
Dclmas, ''and therefore We feel that
we have the right to proceed under
agreement"
'sThe court, as understand the law"
said Justice Fitzgerald, "has no dls-
erection In the matter,s There was no
occasion 10 rule upon the question
up at that time would have been
forced 20 rule as ! now rule"
After a moments consultation WIN
the other attorneys. Mr. Deinas SAID
THE defense rests"
'-,The people rest" saidHAIr, Jerome.
Justice Fitzgerald said he desired that
the taking OF testimony should cease
and expressed satisfaction at lie am
nonncameni-
Justice Fitzgerald then announced
that IA view Of the Importance OF the
rase he thought IL would be necessary
CLOSE Of the trial. He therefore ordered
That the Jury be confined under ahe
same conditions as at the beginning Ol
the trial. Mir Jerome suggested thai as
this Mould be something OF a hnrish p
on the iurors, who had had no notice
OF IL, they would be allowed 10 go until
O'Clock in order to arrange their ar
fairs
Justice Fitzgerald agreed and re-
ress until o'clock was ordered JUS
tIee Fitzgerald asked the attorneys to
submit to him In writing any request
they might have 20 make as TO his
charge To the jury
MIR, Delmas announced that he would
begin his summing up address al ,
o'clock. Dist Atty Jcrsme asked II he
gould be given an Idea OF the time the
defense would require
'ln cnSe Of this character said Mi.
loslnas, where the testimony has been
% yolnninoiis and where there have
been So many Interruptions deem II
my duty 20 refresh the minds pf the
1BrnrH AS 10 the testimony so far as pos
800 /.