The sun., 1908-05-17
JEROME MAKES THAV TESTIFY


THAT the Court name six alienists; that
none Of such six alienista shal have had
any connection With the case at any time;
that the counsel for the rclator and the
District Attorney shall agree upon three
Of tho six to serve; that tho expenses OF
these alienists so selected shall be paid
equally by the county Of New York and
tho relator: that tho examination shall be
restricted TO personal study Of the reiator
and shall not DO founded on the testimony
Of the previous trials
jerome was on his feet instantly. .Coun-
sel must know said he with hoat, that
would be 40 insane AZ the man whose case
we arc trying here II I should accept any
one or all Of these conditions. l refuse
absolutely TO accept conditions thus framed
to save their client from anything approach
ing an examination which would be fair
both to him and to the State.
Justice Morschaussr looked from ono to
another OF tho counsel. a. II at o loss where
to continue the proceedings. Graham got
to his feet and began TO ask for an adjourn
mont. iN
Have You any more witnosses9' the
Justice asked Jerome.
Il have i've alieniss who are ready to
90 on the stand IN rebuttal Of the evidence
that has been brought forth by the REALTORS
attorneys.' said jerome. and I am willing
to proceed Immediately
JERoMs REsTs HIS CASE.
The counsel for Thaw asked for an adj
tournament and began TO bubble about
Jerome's having already used three Of
his .alienists. stating that by court order
only Ave on Q side should testify. Then MIR
Jerome made the second startling move OF
4 rest my case. said he. waving his
si,d like to know Just wherewe stand, said
Justice Morscheuser. Mr. jerome. under
stand that you haye rested. Mr.. Graham,
have you any further witnesses to put on
we rest our oase as well.' said Thaw's
counsel
Then whom do you want to argue the
casef' queried the Judge. , =.
jerome jumped to his feet and said that
right then was the time for him. Graham
said tn at he did not feel able TO begin his
argument then. but that after he had time
TO review tho evidence and consult with
his client and his fellow counsel he would
be ready to argue.
JEROME READY TO ARGUE THE CASE.
Il understand,' interposed the Judge,
"that your readiness to argue indicates
Lnay you 6IG WiDNlk W UiC9o up thO t<AS0
Tonight said the Judge. turning to the
1t does mean Just that thing. answ cred
Jerome. "And II Mr.. Graham can give any
good reasons why Harry Thaw should be
released from Q Mnatio asylum would like
to hear them now
jerome started to say that he would
serve a brief on tho Judge and MIR. Graham
in the argument on the constitutionality
of Thaw'e commitment. one OF the two
issues raised In the proceedings brought
by Thaw's counsel TO secure his release
came to him.
II have no argument TO make on the
evidence that has been brought out in
this CASE said he. Il believe that ! can
rest that with the Judge with impunity.
II Mr., Grsham wants s to g;,s,, argue; the con, n
Matteawan We need not do 80 orally. but
let him submit. as I will do. a brief to your
Honor. sitting in White Plains next week
will submit such brief to your Honor
on Monday next and send copy OF it to
counsel for the relator."
the Judge added parenthetically that he
felt quite sure that he did not need TO listen
to argument on the evidence. Graham
then said that he would have his brief on
the constitutionality Of the commitment
In the Courts hands in White Plains not
later than Thursday next.
Il win be prepared to render judgment
In the case q week from next Monday"
said Justice Morsohauser, and then he
adjourned court.
SUDDEN CLOSE OF THE CASE UNLOCKED FOR.
The suddenness with which the four
days proceedings in the case was brought
TO close was as unlocked for as was the
coup OF District Attorney Jerome In foro-
ing the hands OF Thaw's counsel when at
- 4. - to tho~ rnnooA 70 nsu
a chance to intsrrogate him It had been
the opinion Of those following tho case as
it was expressed during the time that Thaw
and his counsel wore in consultation during
the recess that since Jerome had forced
the issue by calling Thaw as his own witness
out OF bad hole was to allow Jerome to
continue the examination tonight.
Under the status of witness called by
Jerome Thaw would have been oonpara-
lively safe, more safe in fact than under the
examination OF the alienists who had pro-
nounced it as their conviction that he was
an incurabie paranoiac. When, however
Thaw's counsel interposed conditions to the
examination which we're prohibitive to
Jerome the latter achieved his second
unusual stroke Of policy by leaving Thaw q
counsel in the poeition OF being afraid to
trust their client to an examination before
the Judge.
CALLING OF THAw JERoME's TRUMP CARD
He closed the case suddenly on a day of
testimony delivered by the alienists for
Thaw which was weak In the extreme and
which by it's weakness left only the trump
card Of Thaw on the witness stand himself
TO bolster up his chances Of an acQuittal
from the asylum. Il became known shortly
after Jerome called Thaw to the stand that
not until five minutes before Graham an
nounced t2lat he had finished with taking
testimony did Jerome know that IL was not
the plan Of Thaws counsel TO put their
client on the stand. Graham had an
nounced yesterday that he would put Thaw
In the witness chair.
All Of to-day's proceedings had been
rushed by the Judge with the idea that
he could clear up the case tonight because
OF the imperahveness OF his presence In
cpurt at White Plains on Monday. None Of
Graham's string OF witnesses remained to
be examined after the dinner adjournment
save Thaw. Jerome was prepared to cross
examine him. Mr.. Peabody explained why
Thaw had not been put on INC stand after
The adjournment tonight. He said:
sItwas not our intention to withhold Thaw
altogether. What Mr.. Graham meant when
he said that ne rested his case was that an
adjournment should be had until some
time when Thaw would be more fit to 20
ON the stand. He had been under the heavy
strain Of all these proceedings and II was
not fair that he should be called upon to
testify at the fag end Of the proceedings
jerome forced ouT hand by insisting that we
continue t0-niRht