The Washington herald., 1907-03-26
WAIT THAW DECISION
Attorneys on Both Sides Have
Day of Inaction.
COURT IS NOT IN SESSION
Lawyer Gleason Slips Paper to Clerk
Penney, but Other Attorneys for
the Defense Do Not see II and AMI
mated Argument ResuIts-severaI
Noted AIienists Believe Thaw sane.

! New York, March 25.-There was no de-
cision by Justice Fitzgerald to-day on the
appointment of a commission to decide
whether or not Harry X Thaw is now
sane. Il Is not probable that he win make
his decision known until Wednesday morn
ing. Should he make up his mind to-mor-
row on the evidence presented to him by
both sides. ne may notify the lawyers
what his decision viii be.
II was day Of inactiOn for District
Attorney Jerome ana the lawyers for the
defense. They all assembled at Justice
Fitzgeralds court az II o'clock in the
morning. and were told that Justice Fitz-
gerald was on his way down town.
Everybody waited, lawyers, reporters. and
small crowd of the curious, until /
o'clock. but nothing was heard from JUS
tice Fitzgerald Then Clerk William PEN
Hey went 20 lunch, and the crowd reas-
sembled at > O'Clock. When court. opened
in the morning Mrs. William Thaw. Mrs
Harry X. Thaw, the countess of Var
mouth. and Mrs. George Lauder Carnegie
all had seats In the row reserved for mem-
bers OF the Thaw family. They were ac-
companled by Edward aad Josiah Thaw
Young Mrs. Thaw sat between Mrs.
William Thaw and the Countess Of Var
mouth. They waited until the noon hour.
and then they went away
Gleason Leaves Paper with Clerk.
In the duh period Lawyer John 3. Glea-
son slipped into court and left a paper
with Clerk Penney. 1t wasn't long before
Hsrtridge and O'ReiIly heard about it.
They wanted 20 know all about the paper.
EeTr 70 Ind
That paper must never be left with the
court. said they.
It WAS o'clock before Justice Fitz-
gerald arrived. District Attorney Jerome
and Assistant District Attorney Garvan
were in their accustomed places. At the
Thaw counsel table were all the lawyers
except Gleason. headed by Delmas. Very
sOlemnly the court was opened, and then
It was very soiemnly adjourned Justice
Fitzgerald walked of the bench No one
had said a word, except the court erieF
The reporters who had been hanging
around all day threw down their pencils.
A few minutes before Justice Fitz-
gerald arrived, Lawyer Gleason came into
the courtroom He had a brief talk with
Mr. Penney, looked over a legal docu-
ment. and took Il away with him. Il was
brief against the appointment Of
iunacy commission which he had flied
earlier in the day, but he would not ad-
nit t. OReilly. noted Tor his humor and
for telling the truth, declared that Gleason
had not fled any brief He said that
nobody had a right to file a brief unless
it was o. k-'d by Delmas.
But one Of the lawyers admitted that
Gleason had filed a brief and when the
other lawyers heard Of it they talked 70
him long and earnestly. It was 20 the
effect that Jerome had not filed a brief
and until he did the defense would not
hle any. And none of the lawyers for the
defense had a right TO ile a brief unless
1t had the sanction Of Mr.. Delmas.
II was after this heart to heart talk
that Gleason withdrew his brief
Nav Re Cuse of geuFouav