The Montgomery advertiser., 1908-07-14
TRIAL IS POSTPONED
FLAWS CASE GOES OVER UNTIL
 SEPTEMBER.
By Mutual Agreement and Consent of the Court, Thaw VIII Remain In Jail at Peugh-
 keepsfe

White Plains, N. r., July i3.--Pra- ceedings in Harry K. Thaw's applica- ! ton for a jury trial to determine his mental condition, were today adjourned until the September term of the Sue preme Court of West Chester County. This arrangement was entered into before Judge Mills by Thaw's coun- l sel and District Attorney Jerome, of New York. Tn the meantime Thaw will remain in the custody of Sheriff Chanler of Duchess County, and will stay in the jail at Poughkeepsie. Thaw had been brought down from Pough- keepsie early in the day in custody of officers and accompanied by his coun- sell Charles Morschauser, and Roger o'Aiara, former chief of detectives of Pittsburg. who has been active in his defense. -. After dinner at a hotel, Thaw and his custodians left for Poughksepsie on a train due there at 4:3o. He will be placed, as heretofore. in the juve- nile department of the county jail, which has no other prisoners Thaw's wife did not come here today. The agreement to adjourn the proceedings to September had been entered into by District Attorney Jerome of New York and counsel for Thaw before the case was called today.
 When the stipulation was presented to Judge Mills in court, he said at first that he did not approve the agreement, inasmuch as counsel was not agreed as to where Thaw should remain in the meantime. A representative of Mir. Jerome, who was present, finally joined in the request that Thaw be remarded to the Poughkeepsie jail after Mr < Morschauser had threatened to with draw agreement and insist upon an immediate hearing of the main joint at issue.
 Judge Mills then gave his approval to the proposed adjournment and die rected that The-v be remanded to the custody of the Duchess County Sheriff until September 21, when he will be again produced before Judge Mills at White Plains and arguments will be made on the application for a jury. trial
 Thaw expected his wife to meet him in the court room here today and ex- pressed himself as disappointed when che did not arrive on an early train from New York.
 s MT. Morscahuser brought with him for presentation to the court several affidavita in support of his application to have Thaw detained in the Pough- keepsis jail while the proceedings be- fore Judge Mills are pending. One af- ddaclt was by Dr. Sillo. Thaw's family physician in New York who said;
 He entered Matteawan in fairly good physical health mentally vigorous and aggressive and absolutely normal and rational. During my examinations while Harry Thaw was at Matteawan he gained in weight but lost decidedly in nervous force and starnia. The gain in weight, while apparently symptom of Increased health. was in reality only due to the change in diet from a mixed to a steady diet and a carbohydrate food. such as bread and potatoes While such diet might scientifically be figured out to contain sufficient heat values to satisfy the physiological de- mands of nutrition, it is also a we'll known fact that the mental power and energy and power of endurance will decrease in ratio to the increase in fat and gain in weight On July 1, after his confinement In Poughkeepsie jail found a remarkable change. The &C., ton of the stomach and liver were again normal While he had gained three or four pounds more, his flesh had become frmer and more healthy and his appearance, action and conwer- sation denoted a return to the former vigorous condition. These improve Hients are due solely, in my estimation. to the change ip. dieb surroundings. re- spite from former adverse and oppres- sive conditions"
 Anotnsr aIudaR1s Dy ,Jfs Cn&fle1 w. Pilgrim, Superintendent of the Hudson River State Hospital for the Insane at Poughkeepsie, who was one of Thaw's experts at the former trial, was intro duced It was similar to that of Dr.. Sillo.
 Dr. Pilgrim declares that never at any time had he observed in Thaw any symptoms indicating paranoia. His condition and conversation were at all times rational, the doctor said, and his temper was under control. Other afi- dagits were made by A, Russell Pea body. who said 1t would be dangerous to Thaw's health to. be- Fe,committed to the associations at Matteawan and one by Thaw himself who reviewed his ex. periences In Matteawan and in jail and said that his experiences led him to believe that his health would be seri- ously affected If he were forced to re- turn to the asylum at Matteawan.