Los Angeles herald., 1907-02-17
THAW|'S TRIAL TO
PROCEED MONDAY
JUROR BOLTON SAYS HE HAS
DUTY TO PERFORM
Death of Wife Is Great Shock, but
Postponement of Case Would
Cost Thousands of
Dollars
By Associated Press.

NEW YORK, Feb. 16.-The trial of
| Harry X. Thaw will be resumed be-
fore Justice Fitzgerald Monday morn
| ing at 10:30 o'clock. Funeral services
were held today for the wife of Juror
Joseph b. Bolton, and it was said
afterward that the turyman had ex-
pressed his readiness to resume his
place in theNThaw jury.
Mr.. Bolton feels that ii is conscien-
| tious duty for him to hear the Thaw
case to the end. If he had dropped out
it would have meant the loss of many
thousands of dollars to the state and
to the Thaw family. A mistrial would
have been declared and four weeks
| further time would have been wasted.
Aside from the routine expenses of
the jury and without fees, the Thaw
| trial is costing the state sum almost
equal to that which is being spent by
the defense in an attempt to prove
that the young man was insane when
he shot Stanford White. District At
torney Jerome has employed three of
the most eminent alenists of the coun-
try and their fees alone will make the
case rival in cost the famous Molineaux
hearings.
Thaw Feels Relieved
Thaw was much relieved today when
told that the Bolton family physician
had informed District Attorney Je-
rome that the juryman would be able
to resume. The prisoner had been ap-
prehensive since the first intimation of
Mrs. Bottoms serious illness was re-
ceived that there might be mistrial.
Both he and his attorneys are anxious
that nothing shall prevent the case
running it's course.
ThaW counsel believe their case to be
in excellent shape. Mr. jerome eX-
pressed willingness to join with the de-
fense in asking for the appointment of
a commission to determine ThaW's pres
ent state of mind; but defense will con-
tinue it's endeavor to show that while
Thaw was eXplosively insane at the
time he killed White, and while the eff
fects of the brain storm" were ap-
parent in him for three months, his
Improvement has been so great since
Oct. 1 that he is today of perfectly
sound mind.
What Jurors Promised
The Thaw jurors. when under exam
inatiOn as talesmen, were asked If they
would give the defendant the benefit of
the same reasonable doubt as to his
sanity or insanity as they would to
the queStion of guilt or innocence. In
every case the jurors said they would.
DIR. Charles G.. Warner and Dr. Brit
ton d. Evans, the two alienists who
nave OHeTeu eNluellCS dS W lHdN .
state of mind at the time of the homi-
eide, have yet to be cross-eXamined by
Mr.. Jerome.
IT, after the cross examination, tho
reasonable doubt as to Thaw's sound
ness of mind June 25 still exists, (he
defense will try to show that Thaw at
the present time is sane and entitled to
absolute freedom. This is believed by
many to be the most difficult part of The
task confronting the defendants attor-
neys Mr.. Graeme M. Hammond, who
has been constantly beside the prisoner
since the trial began, Is expected to
testify as to Thaw's present mental
condition. He was not with DR.. Evans
and DR.. Wagner during their visits.
There may be additional technical tes
timony along this line.
While the defense apparently seems
to be nearing its close, there Is so much
actual work yet to be done that II is
difficult to forecast just when Thaw's
attorneys will rest and when Mr..
Jerome will begin rebuttal testimony.
Evans to Take Stand
DR.. Evans was on the stand and about
to relate certain conversations he had
with Thaw in the Tombs during his
first three visits Mhen court adjourned
Thursday. 1t is presumed that he will
resume Monday morning
1t was intimated today, however, that
Dr.. Evans may be withdrawn to allow
Mrs. Evelyn Nesbt Thaw to conclude
her evidence. The defense has the
right to recall Mrs. Thaw at any time
II considers 1t has placed before the
iCOntinued Or Page Two.I