New-York tribune., 1907-04-06
THAW TRIAL TO GO ON.
NO MORE DELAY LIKELY.
Heroine Said to Haze Decided Not
to Ask for Writ.

Unless something unforeseen occurs the trial
~ Harry K Thaw viii be resumed on Monday
morning where II was dropped week before
last 10 allow commission in lunacy. which was
subsequently appointed, 10 make its eKamina-
zion OF the defendant This was practically
assured yesterday afternoon. when It was an
nounced. although not officially, that District
Attorney Jerome would make no effort TO secure
any writ against Justice T'itzGerad
The District Attorney spent yesterday morning
with Assistant District Attorney Garvan looking
for precedents on which TO base motion In the
Appellate Division for a writ deterIing Justice
FftzGerald from confirming the report Of the
lunacy commission. which declared Thaw sane
snd compelling him TO allow the District AttOr-
nev 10 inspect the minutes Of the secret exani-
nations Of Thaw. II was found that the only writ
that could be applied for that would be effective
was writ of mandamus. Even if such a writ
were granted II would not prevent Justice Fitz-
Gerald from confirming the commissions report
and so, IL was said. Mr.. Jerome had reached the
conclusion that it would only be a waste Of time
10 appeal to the Appellate Division. During the
day he was in conference with Justice Edward
Patterson OF the Appellate Court Mr.. Jerome
denied. however. that it had anything to do with
the Thaw case
AS matters now stand il is believed that on
Monday District Attorney Jerome win make a
brief argument opposing the confirmation of the
report Of the lunacy commission, but will not
press his motion. If he is overruled the trial
viii proceed. and Mr. Jerome viii bend all his
energies 10 obtaining a verdict OF murder In the
first degree.
When The sur-rebuttal OF the defence was in
ferrupted last week Mr. Delmas announced that
the defence would have some questions to ask
DR.. Allan McLane Hamilton 1t is considered
doubtful however, If the alienist will be recalled,
and IL is believed that Mr.. Delmas Will announce
"The defence rests" and Will then begin his
summing up Monday. His address has been
ready for several days. Under the agreement
reached some time ago each side will be allowed
G day. II Mr.. Delnlas finishes summing up for
Thaw on Monday the District Attorney VIII have
bis turn on Tuesday. Mr.. Jerome has said that
be expects 10 consume only three 10 three and
one-hslf hours Should this prove 20 be correct
Justice FitZGerald might charge the jury on
Tuesday afternoon else wait until Wednesday
morning.
Clifford ". Hartridge, attorney OF record for
Thaw, said yesterday: The District Attorney
can no longer delay matters, and the worst We
can look for now is a disagreement. was not
surprised 10 learn that he had given up his idea
Of seeking a writ, because he had no basis for
such action. Mr.. jerome was asked by the COM
mission to be present at the examination OF
Thaw, but refused TO accept the invitation, and
that spiked all of his guns"
Mrs. Evelyn Thew visited her husband twice
yesterday. once IN the morning and again In the
afternoon.
mysterious, well dressed woman. accom-
panied by little girl with golden curls, called
at the TOmbs yesterday to see Thaw. She had
some expensive flowers for him, but was not al
lowed to send them upstairs. She was allowed
70 write a note. and explained her presence by
saying that although she did not know Thaw or
any Of his family she had been principal In
case somewhat similar TO his q few years ago.
She refused 70 give her name.