The Montgomery advertiser., 1907-03-24
FLAWS SIDE MAKES SHOWING Answer to Jerome Affi-
 dayitS. LETTERS ARE SUBMITTED Endeayor to Prove He Took Active
 Interest in Case.
 --~-s---- Made Various suggestions of Policy to Lawyers and Was Always Treated as Man Of Gcod Inteiii-
 gence.

4sHeHsa4
 New York, March 2s.--The attorneys for Harry K. Thaw today filed answer to the suggestion made by District At torney Jerome to Justice Fitzgeraid that Thaw is mentally incapable of understanding the nature of the pro- ceedings against him and is subject for commission in lunacy rather than for a jury which holds only the power of liberty or death
 Supplementing their own unanimous opinion that Thaw does understand the nature of the proceedings against him and daily advises inteiiigentiy with his counsel, the lawyers have filed af~ fidavits from the medical experts errl- ployed by the defense and q further affidavit by Mrs. William Thaw, the mother of the defendant. Mrs. Thaw, however, does not ad- dress herself to the question itnme- diately at issue. She takes advantage of the opportunity, she declares. to state that in the direct line of descent for four generations there has been no tamt of insanity or epiplesy in the defendants family. She resents the malicious misrepresentation and gross exaggerations" on the subject
 The principal affidavit made in Thaw's behalf is signed by Dolphin M. Delmas. his leading counsel MT Del- mas attaches to his personal state- ment a score or more of letters and notes he had received from Thaw dur Ing the progress of the trial. These writings of the defendant, Mir. Delmas declares, clearly indicates his grasp of the proceedings and have contained from time to time valuable suggestions as to the course of the defense. The afidavits which Thaw's counsel hope will block Mir. Jerome's move for a Iunacy commission were filed with the Clerk of the Supreme Court this after noon and were turned over by him to Justice Fitzgerald, who will announce his decision probably on Wednesday morning next when the Thaw attorneys had been reported again whether or aet commission wilf be appointed rests solely with Justice Fitzgerald, whose conscience was appealed to by the District Attorney.
 DeIinar Es~Iataehs Wttk Thaw
 Mir. Delmas In his afidavit says in .The professional relations which I have held with the defepdanf since tho beginning of the triai untii the rrsg- en{ ffYnes the many interviews have ! had with bisp during thas sssrlod. the naAnv communications 1. nave sent to him and received from him. coupled with my expertance at the bar, enable me to form an opinion of the capacity of Harry K. Thaw as regards his un- derstanding of the proceedings against him and power to make his defense
 And I do, upon my oath, solemnly state that during all the time of his trial, Harry K. Thaw has been, and is. capable of understanding the nature and object of the proceedings against him; of comprehending his own condi- fion in reference to such proceedings and of conducting his defense in a rational manner, ad that during the whole of the trial he has understood the nature and object of such proceed ings; has comprehended hts own com dition in reference thereto, and has conducted his defense in rational manner
 The chief exhibit cited by MT. Delmas is the note from Thaw appointing him chief counsel, the second day of the defense. It will be- remembered tne first day of Thaws defense was decid- edly disastrous to his case. Mir. Delmas declared that Thaw wrote to him as follows:
 Dear MT. Delmas-"on the sixth of this month, at the request of my then senior counsel. with all other counsel eoncurring. and on my own. motion, appointed you my chief counsel to con- duct and manage the present trial be- fore Justice Fitzgerald In accordance with your own views and plans, giving you full authority in the matter. wish today to reiterate and confirm every thing that was then done in these premises and to tell you that no one but you has any right or any authority to make aay agreement or stipulation in any manner relating to the conduct of the trial or to take any unauthoriz- ed steps therein.
 Very sincerely yours.
 IT. K. Thaw.'
 Another letter from Thaw to Mfr. pelmas read:
 Please arrange for Mir. Carroll Reekwitha testimony. Mir. Peabody has a brief thereon. We do not wish Jerome to further attack Mrs. Thaw in his rebuttal. The further facts proved by MT. Beckwith and the su- perior impression he will produce may discourage Jerome from annoy ing Mrs. Thaw."
 Mr. Beckwith is one of the artists for whom Mrs ThaW once posed.
 Thaw wrote to Mir Delmas; T in- sist my counsel produce MT. Beckwith to testify regarding what he told me in the fall of 1903, in 1904. o6 0s, con cerning Mrs. H. K. Thaw's character and goodness in the year 1901 and the change that occurred in the fall of 1901. after the meeting with White"
 Rights to Husband.
 Under date of February $, ThaW wrote Mir. Delmas as follows:
 Not as prisoner. but as husband, must hear your notes for my wife testimony, as I shall permit nothing but the truth and wish to prevent any unintentional misrepresentation. To- day witness, not the stage door keep CT who I was pleased to hear stand straight and safe on facts. perjureo himself in a very natural or studied manner. This grieves me and forces me to insist upon my right as hus- band if not upon that deference due Co my wishes as principal"
 Another note of the same date says MT. Comstock comes after my wife, presume Win she testify Friday or Monday7 My mother testifies tomor- row. I suppose. and some others. pos sibly MT. Catlin or other witnesses of Whites as to revolvers (the last the unused one). and his threats ane his ring He always told her You know nothing at all yet
 That removes danger Of cpnteEion
 E