The Washington times., 1907-04-05
Trial Will Proceed Oh
Monday as Sched-
uled.
Action Would Have
Established a Prec-
edent.

NEW YORK. April 5.-District Ate
torney jerome viii not appeal TO
the appellate division from the de-
cision of the lunacy commission de-
claring Harry K. Thaw sane The
trial of Thaw for the murder OF
Stanford White viii proceed on
Monday, unless the opposition is
made by the defense.
Jerome is through with the lunacy
proceedings. He would not admit
this today. but from the best pos
sible sources of information it was
learned that he realized that he had
no warrant for an appeal from the
findings OF the commission.
With one Of the twin dangers
he faced apparently removed. through
the decision Of the lunaey com
mission yesterday declaring hin
sane. Harry Thaw was happy today.
he has feared AIatteawan even more
than the death chair. With its elimination
from his future Thaw IS willing 10 face,
the jury for his Hfe.
There was only. one CLOUD on ehe horI-
zon today for Thaw-the possibility that
Jerome ma9 further delay the case by
an application TO the appellate division
Of the supreme court for a writ Of er-
ror II TIE lunaey proceedings. If the
district attorney takes this step it may
be several weeks before a decision is
finally rendered. Thaws case in the
meantime would be held Up.
Thaw Thinks Move Unifgst
Thaw has been counting for several
weeks On being free. and thinks it un-
just to hold him in jail while side issues
are settled.
Could Secure Another Board.
The utmost Jerome can secure.
through any outside proceedings he can
institute. IL was pointed out today.
w0tsld be 10 have another lunacy COM
mission appointed IN view Of the unan-
imous finding in favor OF Thaw BY the
last commission Il is not likely the judge
VIII care fer further information from
another commission.
II Jerome does not apply TO the high
er court there is little doubt Justice
fitzgerald VIII approve the commits
sion's report and order the trial 70 pro.
eeed.
In this event with the handieap Je-
rome has placed On himself BY question:
ing Taaw 5 sanity. the young million
aires attorneys are hopeful OF an ac-
duittal
Establishes a Precedent.
In the history Of New York jurispru-
dence there is said 70 be no precedent
in a homicide case for the radical stand
taken BY the district attorney, and
should a judge Of the appellate division
see ths wisdom of Mr. Jerome's argu-
ment a precedent might be established.
which IN future years viii prove a seri-
Gus menace to the administration Of law
and justice.
From sources close to the district at
tOrneyS Office Il Is learned Inat ne VIII
apply for a writ OF mandamus, and be-
lieves this step his duty, as he is fully
convinced that ThaW is paranOiac,
This application VIII act as q stay until
argument BY counsel and decision BY
the court and the trial viii remain just
where il was before the appointment OF
the lunacy commission
On Monday the jury that has been
hearing the Thaw evidence will be IN
the courtroom. Then Justice Fitzgerald
VIII no doubt approve the finding OF the
lunaey commission If the writ IS
granted to Mr. Jerome there viii be no
other course than to again dismiss the
Jury, 10 be called when the appellate d.
vision proceedings are ended.
Evelyn an Early Caller.
Mrs. Evelyn Nesbit Thaw was an
early caller at the Tombs today She
ordered her. chauffeur to call for her at
I1:45, which IS the latest hour at which
visitors are permitted 70 remain in the
prison in the forenoon. Mrs ThaW
looked bright and cheerful
In celebration Of the second wedding
anniversary of Harry X. Thaw and
Evelyn Nesbtt, and Of the victorious
outcome of the proceedings before the
lunacy commission, the Thaw family
had a jollificatiOn at the Hotel Dor-
raine last night. A few friends were
hidden- As late as 10 D. N. the Thaw
chauffeur was dispatched with a car to
the Manhattan end Of the Brooklyn
bridge 20 meet a friend of the family
and take him TO the Lorraine 20 share
in the iollIfcatlon.