The free lance. (Fredericksburg, Va.) 1885-1926, 1907-03-28
MAV IN H|CIi SPINIIS
10 Eager to Prove His Sanity If
Commission Is Appointed.
MORE DATA FOR THE JUSTICE

Defense Does Not Believe lunacy
Commission viii Be Appointed. But
Nh Is Thaw Will Not Attempt to
Thwart Examination.
New York, March 26.-In antlcipa-
lion of some action on the part of JUS
lice Fitzgerald regarding the appoint
nent of a lunacy commission for Harry
X. Thaw. District Attorney jerome
and all of the counsel for the defense
were present In the criminal branch
of the supreme court
Justice Fitzgerald merely went
through the formality of having the
court session adjourned until Wednes-
day morning at 1890 o'clock, the hour
set last Friday for the jury to make It's
reappearanc in the case Justice Fitz-
gerald made no announcement what
ever to the attorneys. the ceremonies
in court occupying less than two min
utes.
If Justice Fitzgerald decides to APP
point a commission he will probably
first excuse the jurors indefinitely. in
forming them that they will be duly
notified when their presence is again
desired. Then after the jury retires he
will formally announce the appoint
ment OF a commission. II the Judge
decides not to appoint a commission
he may make no other announcement
than to direct that the trial proceed.
1t was stated that II a commission
in lunacy is appointed Thaw will MOI
take advantage of legal devices TO
thwart q thorough examination by
such a commission. He is said to be
eager for a chance TO prove that he IS
sane
Thaw is In high spirits over the all
davits drawn in his behalf and deliv-
cred TO Justice Fitzgerald. He is espe-
cially pleased with the affidavit pre-
pared by his mother.
Counsel for Thaw share the pris'
oners belief that Justice Fitzgerald
will not find II necessary to appoint a
commission.
On the other hand District Attorney
| Jerome is confident of the appoint
ment of a commission and an adjourn
ment of court on Wednesday until the
commission shall be prepared to pre-
sent its report Mr.. Jerome. IL Is
stated. will not add to the array of
afidavits which already he has placed
in Justice FitZgerald's hands unless
the latter asks for further informa-
ton.
The proceedings so far have been
the means of placing before the public
many things that were not generally
known In connection with the celc-
brated. or rather, notorious case.
The letters and notes filed by Del
phin NJ. Delmas with his atiidavits arc
all pertinent to the issue under dis
cussion whether Thaw is capable of
understanding what is going on and
CAPABLE of instructing his counsel; in
other words, whether he is sane or
not.
The general impression is that the
letters are all relevant and show that
Thaw is keenly alive to what is going
on. They throw new and Illuminating
light on the workings OF the mind OF
the prisoner. showing unexpected sides
of his character, as well as revealing
certain phases of the case that have
heretofore been buried out of sight.
Reading them. one sees Harry Thaw
first in the role of jealous protector
of his young wife. and then as a keen
observer of the proceedings as they
affect his own chances. now calling at
tention to some slip by the other SIDE,
now suggesting the ACCESSIBILITY OF
calling some new witness forward, or
of hating one already on the stand.
That Mrs. William Thaw, the
mother of the prisoner, was permitted
10 make her long statement, denying
hereditary insanity in both her own
and husbands families, is said to have
caused Delmas uneasiness. He Is
afraid the facts as stated by Mrs.
Thaw will get to the jury in case the
trial should go ahead and influence
them in finding a verdict against the
prisoner.