New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-26
THAW'S FATE I'm DOUBT.
MAY BE TOLD TOMORROW.
Court AdjOurns He0ring-TrO~bte
SUith Counsel Denied.

yusssce FItzGerald yesterday afternoon ad-
sourned the hearing in the case OF Harry X.
TTav until tomorrow morning, when the jury
will be IN attendance. after exactly two minutes
~ court proceedings In all probability the
court win then announce its decision about the
appointment Of a commission in lunaey
when adjournment was taken last Friday
Justice FITZGERALD said he would take action
regarding any further evidence he might desire
70 consider at II o'clock yesterday morning. Ac-
cordinEly at that time all OF the counsel were
present Mrs. william Thaw, Mrs Evelyn
Thaw, Lady Yarmouth and Mrs. Carnegie with
Thaw's two brothers. were in attendance, but
the Justice did not appear. and all that was
known was that he had left his home. After
a wait OF over an hour many left, and the others
Etrolled out by twos and threes for luncheon
Both the District Attorney and Mr.. Hartrdge
had briefs fle for further evidence II the
court desired them. but they were not filed
John B. Gleason. who was late. arrived in
much perturbed frame of mind during the morn
ing and fled a personal brief with the clerk Of
the court. When he learned that no other briefs
had been fled he withdrew IL Il was not made
public.
Each side seems equally confident that Justice
FITZGERALD VIII decide in its favor. The de-
fence believes its afhdavits. filed on Saturday
VIII 10 Tar enough 10 sway lle NouStifiiNc Va
the court 10 refuse 10 appoint commission.
The prosecution believes otherwise. District At
torney Jerome gave preponderance Of expert
testimony in AFFIDAVIT form, eight Of his
alienists made affldavits. while the defence only
had 1--WE The prosecution points out that DR..
W. A White. DR.. Menus S. Gregory and Dr.
Charles W. Pilgrim. al OF whom testified for
the defence and swore IN answer 10 the hypo-
Gheticsl question that Thaw was Of unsound
mind on June 25 did not make afhdavits. The
inference is therefore drawn by the prosecution
that these three men. Of eminence in their pro-
fession believe that Thaw is still Of unsound
mind. and therefore could not make afadavits
TO the contrary. DR.. Pilgrim is president of the
State Board OF Lunacy. DR.. Gregory is head Of
the psychopathIc wand at Bellevue Hospital and
DR. White IS head OF the United States Insane
Hospital az Washington.
Several interesting facts about the procedure
n a commission is appointed were developed yes
terday. II was learned that II the defendant
should refuse 10 allow the commission to eX-
anime him, the court upon request could order
the use OF force in the examination. Such in
stances are on record. but are rare. as the re-
fusal Of a defendant is generally taken as an
admission Of arrangement
Should the commission find the defendant suf-
fering from paranoia # would practically mean
disease is considered almost always incurable.
But II. IN even ten years time, he dis
charged cured. under the law another trial
would have 20 be ordered. There IS no provision |
in the laws Of the State OF New York TO allow |
for the transfer Of a prisoner at Matteawan TO |
private institution, that Thaw, il sent there
at all would have TO remain there as long as |
he vas mentally incompetent.
Various rumOrs Of a disagreement between |
Thaw and Dolphin NJ. Delmas were circulated l
yesterday. One had II that Mr.. Delmas had /
euaFrelled with Thaw while in the Tombs dur |
ing the morning. All these rumors were denied |
by the counsel. who said: There is not one |
word Of truth IN them. I had an exceedingly |
pleasant talk with Mr.. Thaw OF the most |
pleasant I ever had. There was no trouble |
whatever. II I appeared 10 be preoccuped as |
] left the prison II was not a sign OF anything |
IN particular. make IL my rule not to talk |
OF ny visit there"