Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-05-17
SPEAKS FOR HIMSELF TO ASSIST PANAMANS'
Harry K Thaw Takes Stand Uncle Sam to Lend Aid in the
in His Own Behalf. Next Elections.
HE ANSWERS JEROME SEQUEL TO TAFTS VISIT
Both Sides
Session. tora Commission.
CONTROVERSY WAS ANIMATED BLACKBURN AND sQU1REs
Evading will All
by to
Harry K. ThaW Takes Stand
in His Own Behalf.
HE ANSWERS
Both Sides Rest Their Case at Night
Session.
CONTROVERSY WAS ANIMATED
Relator Succeeded in Evading Ex-
animation by Prosecution's Ex-
pert Alienists.

POI-GHKEEPSrE n Y, May 1S.-The
afternoon session OF the hearing TO de
termine the sanity of Harry X. Thaw was
occupied by the testimony of expert alien
lists and others covering the period OF
Thaw's incarceration in the Tombs. In the
Poughkeepsie Jail and at Matteawan Hos
pital.
Following an adjournment at { o'clack
Mr. Jerome called Harry X. Thaw TO the
stand The young man walked briskly to
the chair.
Mr. Graham objected to questioning
Thaw tonight. it being apparent. he said
that the case could not be finished at this
hearing. Mr. Graham further objected
because he said. it would place his client
at a great disadvantage to have his case
finished when Mr.. jerome had the adNan-
tage of several days adjournment TO pre-
pare his experts for further testimony.
Justice MorSchauSer, bent on getting as
much of the hearing as possible through
with was reluctant to adjo9rn at this
stage. and informed counsel that If II
appeared the REALTORS rights had suffered
because of the lapse of time between
hearings he would permit him TO meet II
with further rebuttal proof.
Thaw Willing to Proceed.
Mr. Jerome assured Mr.. Graham that he
would ask Thaw no questions at this time
calculated to aid his experts. Thaw
nodded to Graham as if he were willing
to proceed
Thaw hesitated: then, turning to the
judge. said:
Il am not a lawyer.
BY the judge-Do you understand the
purpose of the proceedings? 1t is an ac-
ton in habeas corpus. Do you under
stand what that means?
Thaw turned to Mr.. Jerome. who said:
DO you understand that they are to give
you certain rights?
Thaw's Deliberate Answer.
Thaw answered deliberately: The rights
of an American citizen
Don't you understand that they are to
give You the right to come and go as you
please?" asked Mr.. Jerome.
Thaw repeated-As an American citi-
zen.
Then he asked-Is it to determine
whether am sane?
Jerome-You understand that the de-
termination of this question rests with
the Judge?
Thaw-I do.
Jerome-And you understand that he
has no power to decide it arbitrarily. but
must be governed by the weight of evi.
dence?
Thaw-The evidence taken here?
Jerome-Yes.
Thaw-I do.
tify?
Thaw-Yes. sir.
Jerome-You know his son?
Thaw-I have known his son. but not
DR.. Flint. until saw him here.
Advised by the Court.
Jerome-You had heard of DR. MacDon-
aid as a specialist expert in mental dis
ease?
NJ IT.,
take into important consideration the tes-
timony given by doctors. and since those
retained by me have had no opportunity
to converse with you and thereby judge
of your mental condition, I ask you to
submit to examination by them. Are
you willing to do SO?
Before Mr.. Jerome had finished the
question the court told Thaw not to an
suer. His lawyer. Mr.. Graham. imme-
diately objected to the question as TAX
ing an unfair advantage of the young
man.
Committed Against Thaw.
Mr.. Graham protested that they were
committed against Thaw.
By the court-The REALTORS rights will be
fully protected here, and he cannot be
forced to submit to the examination for
which Mr. Jerome asks: but / suggest
that the relator confer with his counsel.
Perhaps they may decide that 1t Is wise
To grant the request
Mr. Jerome said he would not ask fol
the examination tonight, but would do sc
some morning when Thaw had had ample
time to rest from the strenuous three DAYS
and evenings in court II being .hen o;io
a recess was taken until $40. IhdW dnt
his lawyers, Messrs. Graham and Pea
body. went into the judges private room
TO confer With them were Drs. Pilgrim
Evans and Jeliffe.
AT 9:15 they entered the courtroom dnt
Mr. Graham said.
The relator will submit to personal eX
animation under the following conditions
The court to name six alien!sts. The alien
lists selected shall be those who have
never had any previous connection witt
the case. The counsel for the relator ane
the district attorney shall agree upor
three Of the six to serve. The expenses o
these alienists so selected shall he paie
equally by the county of New York ant
the relator. The examination to be re
stricted to personal study OF the relatol
and shall not be founded on testimony o
previous trials.
Jerome Surprised.
Mr. Jerome responded that he was sur
prised at the suggestion brought int,
court by opposing counsel He said
.'The conditions are such that If 1 shoult
accept them 1 would deserve to be com
mtted 10 a lunatic asylum myself.
If that is all Mr.. Graham has to offer
We rest.
That ended the case so far the tax
ing of evidence concerned. the re-
lator having rested with the testimon,
of Mr.. Stillman. Mr.. Graham was un
willing to argue on the testimony tonieh
so an adjournment was taken under thi
arrangement: Mr.. Jerome is to submit +:
memorandum on the constitutional ques
ton raised by the relator mailing il Il
Justice Morschauser at White Plains Mon
day and sending a copy at the same tim
to Mr.. Graham. The latter is to submi
brief on the constitutional question no
later than Wednesday. setting forth hi
authority for asking the court to declar
the commitment of Thaw TO Matteawal
unconstitutional.
The judge asked for those briefs b,I
said he desired none on the insanity Gues
tion as he would have all the minutes be
fore him by tomorrow.
Both sides agreed TO offer no argument
and Judge Morschauser said that In
would probably be ready 10 hand down
decision Monday. MAY -. In the mean
time Thaw is to remain. by order of tn
court. In custody of the sheriff as office
of the court.
Whichever way Judge Morschauser de
cides. the case will go to the appellate Iii
vision in Brooklyn and both sides will b
prepared TO argue the appeal at the Jun
term OF that court.