The Washington herald., 1908-05-17
Experts Think Prisoner Will
Not Go Free.
JUDGE DELAYS RULING
Decision in Sanity Hearing Is
Due Next Week.
Stanford Whites slayer Takes seat
Before Jurist After Strenuous Day.
Counsel Tries to Get Agreement
with Jerome, Who Refuses TO Com
prOmise-Lawyers Express Belief
Case Has Been MIsmanaged.


Poughkeepsie, \. Y, May 16-That
Harry Thaw stands practically no chance
Of release from the Matteawan Asylum
for the Criminal Insane is the general
opinion Of attorneys who have followed
the course Of the hearing before Justice
Morsehauser.
Notwithstanding the fact that Thaw
took the stand tonight and submitted TO
examination by District Attorney Jerome.
mismanagement is assigned as the cause
for the weakness Of his case.
It was late tonight when Thaw, after
a strenuous day, took the stand to con
vince Justice Morschauser that he was
a sane man and that his petition 10 be re-
leased from the Matteawan State Asylum
for the Criminal Insane. now before the
Dutchess County Supreme Court. should
be granted
He took it upon the demand of Jerome,
and after. contrary TO the expectations of
all, Graham, his counsel. had closed his
case without calling him. When Judge
Morschauser answered Graham's protest.
he reminded Graham that as Jerome S
witness, Thaw would be open to cross
examination at the hands of his own
counsel. Graham still persisted that IN
less the whole case could be wound up
tonight, Thaw should not go on He
had been under three days strain.
James Graham ana A. Russell Peabody,
the two lawyers who have been conduct
ing Thaw's fight for freedom, had spent
all the strength Of their expert testimony
and had exhausted their store of lay tes-
timer in an effort which consistently
appeana TO be a losing one up to the
opening OF to-days session.
Neither OF them had confidence in the
dangerous experiment OF putting on the
stand a man who had been committed
TO an asylum as one dangerously insane.
The gradual breakdown of their case.
and hint from the judge that he him
self might call ThaW in default OF the
relstors' initiative. failed 10 force Thaw's
counsel TO risk their client 10 the harsh
examination of Mr.. jerome.
Jumps from Chair.
When Thaw was called to the stand.
he jumped out Of his chair and made
his way to the stand with his peculiar
gait, which DR.. Flint. the alienist. char
acterized yesterday as an alert strut. f"
Mr. Thaw," said Jerome, on his first
question, you realize what the object
of this procedure B?
Yes, replied Thaw. 1T is to prove
my sanity"
But" urged Jerome you understand
that it gives you a right TO go and come
as you please"
Thaw seemed perplexed and turned to
the judge, who said that what he said
in testimony was TO be judged by him as
TO its truth or falsity This was followed
by one OF Jeromes questions:
''Yod understood that the judge weighs
the testimony of all the witnesses, in
cluding your own"
excessive nervousness He spoke in a
low voice, and turned his eyes from time
10 time on the judge as seeking protec-
tion. When Jerome asked him if he had
known Dr. Flint before the unfortunate
events of 1906 he said he only knew
that he was the father of Austin Flint.
jr., and did not know him socially"
Wouldn't you be willing. Mr.. Thaw,"
said Jerome. TO have DR. Flint and his
associates. all Of whom you know TO be
honorable gentlemen, examine you them
selves p
Graham Immediately interposed an OBJ
lection and advised Thaw not TO answer.
Jerome broached the proposition to the
justice in other words and Justice Nor
schauser explained his opinion approving
the fairness of Jerome's position.
I don't think IL at all fair" said Mr.
Graham, that Mr.. Thaw should be forced
to face men who have already sworn that
they believe him a paran0iac. and espe-
cially at this hour, after three days
strain
Judge Grants Recess.
Jerome disclaimed his intention to crowd
Thaw. Finally, Justice Morschauser sug-
gested that counsel for both sides should
meet in conference with Thaw and come
TO an understanding on Jeromes offer.
Graham agreed, and the justice granted
d half-hOur recess
Thaw his counsel. and Jerome. with
Assistant District Attorney Garvan. then
retired to the judges chamber. Jerome
announced before their retirement that if
Graham didn't agree to his proposition
he would continue his direct examination
of Thaw
At the end Of athree-quarter hour recess
counsel for Thaw. accompanied by Tbaw
came out Of the judges chamber. The
courtroom was jammed.
Graham arose and read from a naDer
as follows:
"The relator viii submit to a personal
examination under the following eondi-
tons:
That the court name six aIienists. thar
none OF such six alienists shall have had
any connection with the case at anv time
That the counsel for the relator and the
district attorney shall agreeA upon three
of the six to serve. That the expenses of
these alienists so selected shall be paid
equally by the County Of New York and