The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-22
THEIR TASK EASY
Thaw's Attorneys Expect No
Trouble in Heading Off
The appointment of a Commits
sion in Lunacy.
QUESTION is SIMPLE.
Does He Understand the Pro-
ceedings Against Him!
The Jury Has Been Excused
Until Next Wednesday.

New York, March 22-The Thaw jury
was brought before Justice Fitzgerald
in the supreme court today and told
they need not attend the trial again
| until next Wednesday morning. In the
meantime Justice Fitzgerald said he
would receive affidavits from the de-
Tense in answer to the suggestion of
| District Attorney Jerome that Harry
| K. Thaw on trial for the murder of
! Stanford White, is at the present time
in a condition of mental unsoundness,
| which makes him incapable of advising
| his counsel or of understanding the pro-
| ceedings against him.
Justice Fitzgerald has designated to-
morrow afternoon at o'clock as the
| time for the defense to present it's affi-
davits 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 counsel
| stated today that the affidavits to be
| presented in Thaw's behalf would be made
! by his attorneys and the various alien
| lists who have appeared for the defense.
! These affidavits merely will state that
Thaw at present is able to advise his
counsel and fully understand the pro-
| ceedings against him.
THAT is all the law requires US to
say" said the attorney.
1T is not a question as to whether
he is of unsound mind at all; the only
question at issue is whether or not he
understands the proceedings against
him. We claim we can produce over
whelming proof that he does. We will
also submit documentary evidence
Thaw's own writing
When Justice Fitzgerald took his
place on the bench today all the mem
berS of the Thaw family were seated in
the court room and when Harry Thaw
was called to the bar he seemed sur
prised and delighted to find them pres
ent. They had all been excluded ever
since the taking of testimony was be-
gun. The prisoner bowed to each mem
ber of the family group in turn and
they all smiled at him confidently.
OF Thaw's counsel neither Mr.. Del
mas nor Mr.. Gleason was present. It
was generally understood the proceed
ing was to be but a formal adjournment
of court until Justice Fitzgerald has
had time to satisfy his conscience as to
whether a commission in 1unacy shall
be ordered.
Jury Is Excused.
AS the court session was formally
opened District Attorney Jerome sug-
gested that the jury be excused until
Tuesday morning next. Justice Fitz-
gerald thought Wednesday would be
early enough. He so informed the
Jurors, and they imm ediately with
drew.
Justice Fitzgerald then told the at
torneys that if he desired a hearing in
the matter of the proposed commission
he would inform them by Monday
evening or Tuesday morning.
After the jury had retired Justice
Fitzgerald said that on yesterday Mr..
Hartridge had attempted to be heard.
Il understood he continued that
he had something to say in the matter
of the time of adjournment, and I did
not allow him to proceed. 1t occurs
to me now that he might have desired
to make a statement with reference to
ha district attorney a TaT a-Ir I1o he
served notice on the counsel of record
that if they possessed information he
believed to be in their possession he
would call. the matter to the attention
of the appellate division. / will hear
Mr.. Hartridge now if he so Desires
Before Mr.. Hartridge could reply
Mr.. Jerome came forward with a state
ment.
ridge with unprofessional conduct
said the district attorney, "but 1 stand
on what I said-that if I find at the
conclusion of the trial that they had
possession of knowledge which would
lead one to believe they had persisted
in trying a man incapable of under
standing the proceedings against him
! would take the matter up. If my re-
marks were construed as charging un-
professional conduct I was simply un-
fortunate in my expression"
Mr.. Hartridge Is Heard.
Mr.. Hartridge said:
THE district attornev'S remarks were
given the widest publicity and 1 did
want to have an opportunity to reply.
What he said to me was in the course
of private conversation at which nc
one else was present. 1t was only Il |
suggestion that if anything developed |
in the line of what he has pointed out
he would take the matter up.
'I replied to Mr.. Jerome by telling |
him that if he thought our client was
insane he should come out and say SC. |
He answered that there was a big diff |
ference between official opinion and |
convinced officially that Harry Thaw |
was insane he would come out and say |
so. He also said that we should nos |
any testimony which would |
present mental condition. I told min |
we were not hiding or sCppressing any
thing. He wanted to know what we
intended to do with regard to the testi-
mouy of DR.. Bingaman and DR..
Demeer. the Thaw family physician, /
and asked if we would permit him to
examine him in his Office. I said We
had not the slightest objection So long
as I could be present at the examina-
tion This examination took place and
the physicians said was to be present ted
to this court. We tried to get the tes-
-imony of these physicians before the
Jury at the beginning of this trial but
It was ruled out on technical legal cb-
ections interposed by the district at
.orney When these doctors went back
20 Pfttsburg it was the express under
standing. announced in open court, that
hey would return whenever the district
attorney desired them.
THAT is all that was said with re-
gard to the suppression of testimony.
Vow your honor will see that instead IF
the testimony of these wit
lesses, we brought them here, placed
hem On the stand and at last went tc /.