The Norfolk weekly news-journal., 1907-03-22
CLIMAX IN THAN TRIAL
COMMISSION IN LUNAcY MAY Es
ANIME PRISONER.
JURY is GIVEN A VACATION
District Attorney Charges the Defense
With Concealing Facts regarding
Thaw's Mental Condition and Court
viii Consider the Matter.

Thaw's Mental Condition and Court
VIII Consider the Matter.
New York, March 2l--Tho blow
which Harry Kendall Thaw has been
in terror OF ever since his trial for
the murder of Stanford White began
has fallen. District Attorney jerome
did not make formal application for
the appointment of Il commission in
lunaCy, but In an impassioncd speech
he appealed to the conscience of the
court, declaring Thaw, rs he sits daily
in court, Is unable intelliGontly to ad
wise his counsel and Is believed by
every one who has watched and come
into contact with him to be insane
jerome asserted that his own alien
lists were convinced when they had
considered all the facts in connection
with the case that Thaw was of un.
sound mind. jerome dramatically nc.
cused the counsel for the defense OF
Concealing testimony, which If pre-.
scented to the court would make the
continuance Of the trial crime.
So earnestly did jerome plead that
Justice Fitzgerald dismissed the jury
until Friday morning and adjourned
court until this afternoon, when he
will consider whatever evidence
either side has to offer and decide
whether the trial shall go on or
whether a commission in lunacy shall
be appointed to pass upon Thaw j
mental condition today.
Dramatic and Exciting.
The scenes attending the adjourn
ment of court were dramatic and eX.
citing Thaw's counsel seemed taken
utterly by surprise. This was ex
pected to be the last day Of the trial
except for the summing up before
the jury. Soon after the three-cor'
nered discussion, among Justice Fitz'
gerald, District Attorney jerome and
Delmas began, Thaw's five other at.
torneys gathered one by one around
the judges desk and for time
seemed intent upon denying what the
court had termed the charges Of un.
professional conduct brought against
them by the prosecuting officer.
Thaw, detected, sat deserted at his
counsel table. He flushed crimson as
one by one his attorneys left him to
rally to the support of Dolmas, who,
however, in the midst of the proceed,
ings, was superseded by Attorney
John b. Gleason. Thaw bit his nails,
opened and closed his hands nervous.
ly, and finally sank down in his chair
in an attitude of utter detection. In
an adjoining room, where they could
hear the excited and uplifted voices
of counsel wranging. one with the
other stood Mrs. William Thaw, the
mother, and Evelyn Nesbit Thaw, the
wife, who had barred the secrets Of
her soul in the effort 10 save her hus.
band from the electric chair and from
the fate which he declares he dread :
more-a madhouse.
The climax of the nine weeks trial
was precipitated by the action Of the
defense in calling to the stand Dr. Al.
Ian McLane Hamilton, the aieI!st
who was first called into the case by
Thaw's original lawyers, Black. OF
colt. GTuber & Bonynge, but who was
dismissed. together with them, when
he reported Thaw was suffering from
a form of paranoia which might
never be cured, II was the intention
of Delmas to interrogate Dr. Ham.i-
ton only with reference 10 four visits
he made to Thaw in June and July,
Jerome promptly objected. saying f
DR.. Hamilton was TO testify at all he
must tell everything he knew in con,
nection with the case. including the
defendants family history.
The argument which ensued became
present sanity or insanity of the de.
PENDANT that Justice Fitzgerald OF.
derod the jury to retire from the
room. Then the discussion took on
that broader range which resulted
in the courts determination, before
proceeding further, to have presented
to him the facts which the distric; at.
torney asserted had been withheld
from the jury by the defense and
which he had been unable 10 give e
the court in strictly legal form
District Attorney Jeromes Plea.
eff the real facts were known de,
clared Jerome, II have no right to be
here trying this man for his life But
the knowledge | have cannot be put in
legal form before the jury. It is most
ly hearsay. But if | could get the
facts before you, they would shock
and horrify the conscience of the
court and instantly this case would
be stopped. So deeply have | been
impressed with this that have
served notice on the counsel of record
that If when this tria! is concluded
find that they were in possession OF
facts which believe to be in their
| possession, | shall call the matter to
the attention of the appellate division
of the supreme court. | feel very bit
terly about this matter. There is not