The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-03-23
.ALIENISTS SAY
THAW IS SANE
BEYOND DOUBT
Defense Files AffidavitS
In Reply to Jerome'S
Plea for Insanity
Board.

Ll2S ulsLLuLEu DN DlALIlGL Attorney
Jerome was filed with Justice Fitzgerald
sthis afternoon It consists OF afhdavids
[by Attorneys DeImas, AIcPike. and Glea-
Fson and AIienists Evans, Wagner, Jell-
,ine, Hamond and Shiels, and n large
number OF notes written by Thaw di-
Erecting the continuance Of his case
All the attorneys and alienists who
fmade afhdavits assert their opinion that
IThaw is sane today. There are eighteen
Fletters and notes from Thaw to his
Flawyers, addressed for the most part
ITO DeImas, which speak for themselves.
FThere are eight notes written in court
room by Thaw making suggestions for
THE conduct of his case. All these dOCu-
sments are written in more coherent form
than any of Thaw's missives which have
so far figured in the case.
An important Affidavit.
DR.. Franklin shieIs' affidavit is in
-gularly important in that it shows he
Eexamined Thaw. only yesterday and now
.pronouuces him fully competent TO ad-
wise his counsel. DR.. Shiels also says
he has been in court nearly every day
sand observed Thaw-
A clerk from Lawyer Delmas' office
titled the afidavits. None Of the Thaw
squad OF lawyers was at the court house
at the time. The clerk first went TO
Jerome's office, where he left copies for
the district attorney. Then he went TO
the trial room and left copies with
Clerk Penny for Justice Fitzgerald,
In their afldavits ThaW's attorneys
advance as one reason for opposing q
Iunacy commission that they firmly be-
Iieve a commission must find Thaw
szre, aud this might influence their
opinion as to his sanity on June ., 1906,
when he killed White.
Affidavit of Attorney Delmas.
The first affidavit is that of Dolphin
NJ. Delmas. He deposes that he has had
frequent interviews with Thaw, in court
and in the Tombs, and that he has had
many notes and letters from Thaw, In
conclusion he asserts;
Harry X. Thaw has been and is
capable of understanding the nature and
object Of the proceedings going on
against him; Of compromising his own
condition in reference to such proceed
ings; and of conducting his defense in
a rational manner, and that during the
whole OF his trial he has understood the
nature ana object or such proceedings,
has cOmprehended his own condition in
reference thereto and has conducted his
defense in rational manner
Gleason Declares Him Sane.
Attorney John B. Gleason swears that
he has known Thaw for many years and
that during the trial Thaw has con
suited with me frequently about his de-
tense in a sane and intelligent manner"
He goes on to assert that Thaw' mem
DRY is extremely accurate. In his in
vestigatiOn he learned many facts not
appearing in evidence establishing the
truth OF many statements IL has been
testified ThaW made, as well as facts
furnishing reasonable ground for beliefs
Thaw holds, however apparently i'm
probable they seem With these facts
in mind" continues Gleason, 4 think
il impossible 10 establish the existence
Of decisions on his part of a systema-
tiled form"
He asserts that Thaw during the trial
has consulted iutelligently with him and
made valuable suggestions and he be
slieves he is fully competent TO advise !
.hIs lawyers
Had Sought Thaw's Advice.
AIcPike recites that he has had expert |
-ence both in prosecuting and defending /
persons accused OF murder, and feels
competent TO pass on their sanity. He /
speaks of his observation of Thaw and
adds:
i know that in many important /
moves on his behalf during the trial, /
his advice has been sought by his coun-
sci with a view of gaining the benefit of |
the opinion of the person most deeply /
interested IN the result of the trial"
Differences of Opinion.
Backed by the afhdavits Of his counsel, |
that they have received intelligent ad- /
vice from him and believe him fully |
capable OF advising them, the lawyers |
are confident of their case.
Impartial observers, however. stiu he /
Ilieve Justice Fitzgerald viii order a COM
mission. 1t IS pointed out that no /
justice would care to assume the re-
sponsibility of continuing the trial Of a |
prisoner whose sanity has been called |
in question
Thaw's lawyers viii not be greatly |
worried if the commission is ordered. |
They frankly assert their chief reason /
in opposing is to avoid the delay Of the !
trial it viii necessitate. They also wish /
to save the Inconvenience OF such a |
proceeding.
In case a commission finds Thaw in |
sane, IL was rumored today that the |
Thaw family viii make that the basis to |
,aaek an anrulment OF his marriage to |
Evelyn Nesbit. It is said his relatives |
would welcome such q chance
jerome has added to his evidence Of |
fThaw's present insanity the letters he |
sent TO Banker Lyon, Of Pittsburg, some
in the T0mbs They show certain in !
Conference which Jerome believes indi- /
Gates his mental unsOundness.
Thaw in Happy Mind.
Harry Kendall Thaw was in a particu- /
ilarly happy frame of mind today, ac- /
cording to the warden of the Tombs /
prison. He arose earlier than usual |
! groomed himself carefully, and ate a /
hearty brea Efast
He busted himself after dark last ]
! night preparing a statement, which he /
4 sent to Clifford W. Hartridge- Thaw
did not say what the statement con- !
'Iained. but il is thought TO be either 4
flor publication or TO be handed to JUS 1
ttice Fitzgerald. II il is for the judge. 1
st is likely that Thaw has written /
2 defense Of his mental condition
Lawyer Hartridge did not pay his 1
usual Saturday morning visit to Thaw, I
being extremely busy in his office.
Said Document Was Important.
According to the warden, Thaw. as
soon as he learned that Mr.. Hartridge /
would not see him until later in the
day, said.
Warden, I'd like TO have a good man.
pyhn will he very careful of a MESA rra