Evening star., 1908-01-25
DARK DAYS FOR THAW
Prisoner Broods Under the
Shadow of His Fate.
DEATH OR THE MADHOUSE
No Longer Buoyed Up by the Hope
of Release.
WITNESSES COME FROM EUROPE
Question of Using the Lunacy Com
missions Testimony as Evidence
in the Present Trial.
Special Dispatch TO The Star.

Special Dispatch 10 The Star.
NEW YORK. January 23.-Three ply
sicians and trained nurse who attended
Harry X Thaw at different times in Eu-
rope landed from the White Star liner
.Aariatic when she reached her pier TINS
morning. They are to testify in Thaw's
behalf when the trial is resumed Mon
day before Justice bowling in the criminal
branch of the supreme court. Representa-
tives of Thaws counsel met the witnesses
at the pier and escorted them to hotels.
4 good deal of care was taken so that
men from the office of District Attorney
Jerome might not even get near them or
learn their names. Mr.. Jerome had made
strong efforts yesterday to find out who
these new witnesses were. for he said that
he wanted to cable back to Europe TO find
out whether they were .'charlatans or
shysters or reputable persons The best
that Mr. LittIeton of counsel for Thaw
would do was TO promise that when the
witnesses were settled down after their
arrival he would send their names to the
district attorney.
Working on 1.-The Question"
These new witnesses with Dr. Binga-
sician will finish the case for the de-
| fense up to the presentation of the hypo-
| thetcal question to the experts. This
| question, Mr. Littleton has said. will be
| a record breaker in length. and he and
/ his assistants were still hard at work on
it today. 1t will be printed. after con-
| sultation with Mr.. Jerome TO matter
| which the court would eliminate any way.
nat hnd ic hnlI u
save time at the actual trial. 1t IS not
4 thought that Mr.. Jerome will cross-eX-
anime the experts TO the length that he
did last time. SO that he may call his
rebuttal witnesses by Wednesday morn
! ing at the latest. Should this be the
case those who have followed the trial
| believe that the jury may retire to de-
! liberate by Friday evening.
| report was current today to the eff
| feet that District Attorney jerome might
| make an effort to get before the jury the
| testimony taken before the lunacy com
mission that was appointed for ThaW
| at the last trial Neither Mr.. Jerome
nor Mr.. Littleton has seen the transcript
on the testimony taken then. According
| TO report Mr.. Jerome is anxious to get
these proceedings before the jury because
| they will show. it Is said. that Thaw
| had clear recollection of what occurred
at the time he shot White. This would.
in measure prove him sane at the time
| of the shooting.
| Rights Of the Prisoner
| Thaw was on the stand many hours
| before the lunacy commission. He was
put through an exhaustive oral eXamina-
| ton. according TO re ports and submitted
| to a physical examination as well. The
| commission was appointed at the request
of the district attorney, who said that he
believed Thaw to be insane as he sat in
the chair by his counsels table. One
| of the affidavits submitted in support
| OF his application was that of man who
! had been a close observer of Thaw all
| through the trial, and who had seen acts
| of the prisoner which led him to believe
| that he was not competent. Mr.. jerome
had regarded the appointment Of the
| commission Il victory. Just as the lawyers;
| for the defense regarded 1t as d tess
for Thaw that they were unwilling to
| have him undergo.
| The testimony taken before the lunacy
| commission was sealed by the order OF
| Justice Fitzgerald. and it has so far re-
manned a closed book. 1t can be opened
| only by direction of justice of the SUI
| prene court. Some lawyers were of the
| opinion today that the testimony before
| the llinacy commission could not be used
at this trial. even if 1t were opened. They
| argued that it would be a violation of
| the defendants constitutional rights to
use this record against him. for this would
! Ee III The nature making nlm testify
against himself.
Gloom in the Air
| AS the trial proceeds and the end OF
| the defense's case is at hand Thaw has
settled into a state of what looks like
moody depression. Judge bowling has
kept the prosecution and the defendants S
| lawyers hard at their work that a
| hiatus, such as came yesterday, is not
looked on by the prisoner with any great
degree of pleasure. AS if to smooth his
feelings Mr.. Littleton talked with him
for some time yesterday before he asked
| for the adjournment. 1t was the longest
conversation he has had in court with his
client since the case began.
| The piling up of the insanity testimony
has not been cheering work for the pris-
oner. The hope that he nursed at the
last trial-that the jury might justify his
shooting of Stanford Whites no longer
1 his. and without this to buoy him up he
1 is left to think now more of the death
| house in Sing Sing and the cell in the
! MatteWan Asylum for the Criminal In
| sane. So far in the present trial he has
not scribbed note to send along to his
! attorneys as they sit in the courtroom.
At the other trial his missives were many
during this stage of the case.