The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-02-15
Have Commission to Examine
Into Sanity of Prisoner.
SEND HIM TO ASYLUM.
That Would Be Result if He Is
Found Insane.
Attorneys for Defendant Pre-
pare to Resist Such Move.


postponed for several days because of
the death of a jurors wife, believe the
present trend of the trial as shown in
the last two days, is toward a commits
sion in lunacy to determine officially
Harry Thaw's condition of mind. This
belief is suggested by District Attor-
. uey Jerome's apparent willingness to
admit part of the will, by his readiness
to withhold technical objections to the
testimony of Thaw's family physicians
tending to throw light upon the de-
fendant's mental status and by his
policy of yesterday in admitting with
out opposition the conversation be-
tween Thaw and DIR. Evans when the
latter was examining the prisoner in
the Tombs.
Counsel for Thaw have reached the
opinion that the trial may be termi-
mated abruptly any day next week
from this cause. So fully convinced
are they that Jerome will make this
him on this line. Thaw himself is
credited with having declared that he
would not face the asylum in prefer
ence to Sing Sing and the death
chamber, so it can be seen with what
feeling this expected move of Mr..
Jerome is creating in the camp of the
defense. One of Thaw's lawyers, in
speaking of the probable plan for a
AS the case has progressed from
day to day we have become more and
more convinced by the conduct of the
district attorney and his experts who
are observing the defendant for him
that it has been and is his purpose to
lead the case to the point where he
can apply properly for a commission
In lunacy.
I'VE don't want the boy declared
Insane. We want him acquitted" he
added.
VIII Bolton Stand Strain?
The resumption of the trial on Mon
day will depend on how Juror Bolton.
whose wife died yesterday, stands the
ordeal, put on him by TINS affffction It
was the general opinion in court yes
terday of men who . had studied the
5urymen that Bolton, who appears to
be man of determination will stand
the strain and that the trial will be
continued DIR. Evans then will go on
the stand again and it is expected he
will try to substantiate his opinion that
Thaw was insane in August by giving
Thaw's own words to him during three
examinations.
Following this testimony from the de-
fendant's own expert, it is expected
that District Attorney Jerome will be
preparet to make his applica ton to the
court for commission in lunacy. II
st should be made Immediately follow
ing the admittance of the testimony
from Dr. Evans, Mrs. Thaw will not
have to complete her story nor will
she have to face a cross examination,
which many have predicted would be a
terrible ordeal for her
Mr.. Jerome when questioned last
night on the subject of the possible
close of the trial by an application for
a commission declined to discuss the
matter in any way.
Insure Against Thaw Execution
A London dispatch published here to-
day says L4loyds has added to many odd
assurances one on Thaw's life. agreeing
to pay as a total loss if the prisoner is
executed. The premium is 80 guineas
per cent. The amount underwritten is
not divulged.
Thaw After ''T1le Den of Vice"
DIR. Josiah Strong, president of the
American institute for social service.
said today that Harry K. Thaw consult
ed him more than two years ago about
breaking up a den of vice. in this
city which was protected by a wealthy
and influential man. Thaw did not say
where it was located, but Dr. Strong
said the young man told him such a |
story that it made his blood boil" DR. |
Strong added that he referred Thaw to |
Anthony Comstock.
Death has again invaded Harry |
Thaw's environments. Close on the |
passing of the wife of Joseph B. Boil
ton, one of the jurors who have to de- |
eide the question of his guilt or in
STANFORD
White, came the announcement today
of the death last night in hospital of /
Michael d. Downey, who for months /
had been Thaw'S nightkeeper on the |
second tier of cells, in the Tombs which |
is known as ''murderer's row.
Downey had been a keeper in the |
Tombs for more than 2S years. When |
Harry Thaw first came to the Tombs |
Downey did not look with favor on the
new prisoner But during the long
watches of the night, when Thaw paced |
up and down the narrow confines OF /
his cell, a warm friendship sprang up |
between the two. When Downey is /
buried tomorrow. a wreath bearing |
Thaw's card will rest on the casket |
Warden Flynn soon after he heard of
the keepers death.
Mr.. .erome's Statement.
The following statement as to Dis
trict Attorney JerOme's position with
regard to the sanitl or insanity of
Harry K. Thaw was made today:
Mr.. Jerome does not know whether
or not Thaw is insane. None of his as
sistans know. None of the experts re-
experts have not had an oportunitv to
examine Thaw either as to his physical
condition or his mental caliber. They
are present in court at the trial with
an open mind. They would like to
know.
IF any experts retained for the de-
Tense, some of whom have already tes-
tifled, will say authoritatively that in
their opinion Thaw is now insane, the
district attorney will join with them
IN the request to the court for the ap-
pointment of a committee in luaacy to
decide on the question Of the defend |
Rnt's sanity"