Waterbury evening Democrat., 1908-05-18
THAW's APPEARANCE,
Scene on Witness Stand When
 Prisoner Testified.
CASE HALTED FOR A TIME.
Taking of Testimony Ended and Judge Will Render Decision Next Week. District Attorney Jerome Rejects of- fer of Opposing Counsel.

Will Render Decision Next Week District Attorney Jerome Rejects Of
 fer of Opposing Counsel.
 Poughkeepsie, N. Y., May 18.-Many of those who were present during liar " K. Thaws brief examination in his attempt to free himself from Mattea wan declare that they will long re- member the scene as one profoundly tragic and pathetic.
 As Thaw walked to the witness chair in answer to his name every eye in the crowded courtroom was upon him. Here was the man about whom so much had been written and said, whose name had rung over continents He had killed a man, and his enemies had agreed that nothing but the wealth at his command had saved him from the electric chair. His friends called him only a poor madman. Which he was the public did not know. They knew only that since the night he killed Stanford White he had been silent and that now the silence was to be broken.
 Thaw raised his right hand, swore to tell the truth and sat down. He looked at MT. Jerome calmly, and MT. Jerome asked him very gently if he under. stood the nature of the proceeding in which he was the central figure. Je- rome chose his words as he might choose words to child.
 Thaw Asks His Rights.
 Thaw sat silent, fluttered like bird, and then turned to the judge.
 What rights have I?'' he stammered.
 The court explained to him at great length; then Mir. Jerome urged very gently:
 You know, don't you. that if you are declared sane you will go free?"
 "Yes," said Thaw gravely, "as an American citizen, the same rights as an American citizen"
 The original question was put again and half a dozen times in as many ways. Thaw only answered as before.
 ltS. llc Sdlu, uouulhH, ho oh <hA'NA- ican citizen" Then a smile illumined his face, a smile not unlike that of a schoolboy who has just spoken a piece with honors.
 From his quarters in the Dutchess county jail Thaw made a statement.
 Says Reporters Misjudged Him.
 "Say for me, please" said the pris oner, 'that the reporters must have misjudged me when I was on the stand. They all say in their stories that was nervous and did not act calm. l want to say for myself that I was per. fectly calm when I went on the wit ness stand. It was not my nervousness that caused me to ask for a repetition of Mir. Jerome's question, but it was something that every one seemed to miss. Just as MT. Jerome began t6 question me there was a change of stenographers, and one passed between Mir. Jerome and myself. That caused me to miss the question. That ma! have led to my acting nervous"
 Thaw was visited by his mother, whc spent three hours with him.
 The hearing in the habeas corpus proceedings brought by counsel fol Thaw ended after District Attorney Jerome of New York had made the sensational request that Thaw, whom he had called to the stand, permit his allenlsts to examine Thaw and judge of his mental condition, as heretofore they had had no opportunity to con verse with the defendant.
 Thaw Not Permitted to Answer.
 Thaw was not permitted to respond the court itself telling him not to dc so. The judge, however, suggested that Thaw confer with his counsel and that perhaps they might decide il would be wise to grant the request.
 Thaw, his lawyers, Messrs. Graham and Peabody, and Drs. Pilgrim. Evans and Jelliffe, who had testified that Thaw was sane, went into the judges private room and after conference lasting a little over an hour came back into the courtroom and said that Thaw would submit to a personal examina ton, but not by the alienists who had appeared for Mir. Jerome. The alien ists who should make this examina ton. it was stated. should be selected from some who had never appeared in the case. Another condition was that the examination should be restricted tc a personal study of the relator. and should not be founded on testimony of previous trials.
 District Attorney Jerome instantly rejected these terms. saying he would deserve to be committed to an asylum himself if he should accept them, and there the question ended.
 On Stand Only Short Time.
 Thaw was on the stand only a short time before Jerome sprang his surprise sud answered the few questions put to him generally without much hesitn- ton. The first question. regarding his understanding of the nature of the pro eeeslings. caused him some perplexity. but he finally answered deliberately that he was seeking the rights of an American citizen.
 Both sides have agreed to offer no arguments in the case, but each will present briefs on the constitutional question raised by Thaw's counsel at the beginning of the hearing. to the ef. feet that Thaw's commitment to Mat teawan was unconstitutional Thaw will remain in the DutcheSs county courthouse until the decision Is ren- dened. Jerome and his assistants declared