The sun., 1912-07-01
.SHEARN DEMANDS FAIR
PLAY FOR HARRY THAW
Telcgraphs AttOrney-Gcneral
Carmody That Special Counsel
is Vindictivp.
JEROME'S FEE Is $4,000
Thaw's Counsel Attacks State
Witnesses and Urges Mr..
CarmOdy's Presence.

mother of Harry X. Thaw In the pro-
cecdings now going forward to deter.
mine whether or not the slayer OF
Stanford White IL sane. sent yesterday y
to Attorney General Carmody tele-
gram protesting against the manner In
which the States case IL being con.
Quoted by William Travers jerome. He
said that Mr.. jerome has called no one
as witness who hHs observed Thaw
during the last six years and IL relying
on alienists who he alleges are set In
the opinions they formed Of Thaw's
mental condition when hc was on trial
for the shooting.
He also sets forth the character OF
certain witnesses who have been called
and requests that the Attorney General
issue Instructions that will Insure fair
play to the prisoner. The telegram
was:
In the name Of fair play and In the
interest Of Justice protest AGAINST the
abuse which Mr.. jerome Is making Of the
appointment which he obta ined from you
as special counsel to oppose the release
Of Harry X Thaw in the pending pro-
cecdlngs before Justice Keogh The trial.
which is supposed to be judicial and
unprejudiced inquiry into Thaw's present
, mental condition. has. under Air. Jerome's
mana ngement. developed into a vindictive
| upon nav ptlNute CIiaTdCttT anu
upon his family. The venom and Bit
| terness Of Mr.. Jeromes conduct Of the
case are apparent to every one In or
| about the court.
| Two weeks have passed and not one
| witness has been called by Mr.. Jerome
to testify to Thaw's conduct and de-
meanor during the past six years. Further
more Mr.. Jerome has announced that he
does not intend to call the State Off.
cials who have observed and examined
Thaw during the past year. but instead
he proposes to use the same group Of
allcnists who have campaiyned against
Thaw ever since his first trial for homi-
cide-'nen who. II entirely disinterested.
have become set and fixed in a point
| of view from which II would he obviously
difficult to swerve them with any amount
uf new evidence.
I ask you to note the character Of the
/ witnesses thus far called by Mr.. Jerome
| in the name Of the state These are.
! barring only the record evidence Of the
few witnesses concerning Thaw's child
hood and events OF many years ago and
also excepting three minor witnesses
1.-TWO policemen and n Tombs attendant).
| the following:
T. woman committed for perjury by
Supreme Court ustice FitzGerald In 1905
and turned loose by Mr.. Jerome while
District Attorney Immediately after tes-
| t!cying against Thaw In 1903
] 2. An alienist. who after admitting the
! receipt from Mrs. william Thaw OF sew
eral thousand dollars and having unsuc-
cessfully brought suit for several thou
sand more. now turns UP In Mr.. Jer-
| ONES camp TO help keep Mrs. Thaw's
son In Matteawan.
! 3. A lawyer. who only missed disbar-
| r1ep hy nf IN tuO in
Appellate Dicision. and against whom
disbarmcnt charges are now pending.
| I. a man who on the stand admitted
| that he had just come out OF Sing Sing
after serving four months for perjury
| and
| 3. Thaw's wife. whose ruin by Stan
ford White provoked the homicide for
which, although acquitted. Thaw is still
| In prison.
This is a proud array for the State
OF New York TO be using in a fight against
an alleged insane person.
The immediate cause Of my protest is a
| piece of unparGonable bad faith and sharp
practice resorted to yesterday. ON Friday
| ] called for the production under subpoena
OF certain letters reported to me TO have
| been written by Mr.. Austin Flint to Mr..
Jerome concerning this case. Mr. jerome
| on the witness stand testified that he had
III Cubtouy ana tONtTOi All tne papers
in the case Of the people against Thaw,
| that he had searched the papers for such
| letters. had found none. and that might
| examine tine papers In his Office at any
time on Saturday.
At II O'Clock yesterday morning. having
gone to New York expressly for this pur-
| pose. telephoned to Mr.. Jerome's assis-
tant. Mr.. Lewis. that 7 would be In Mr..
Jerom.'s Office within the next ten minutes
IN La Ian ,t,,at n,,l l.
| said all right y minute later MIR. Lewis
called me on the telephone and stated that
Mr., Jerome was just leaving his office for
the day and that | could not make the /,
examination until after the court session |
on Monday, AS DR.. Flint 10 to 20 upon the
stand on Monday and these documents |
are obviously desired by me for purposes |
Of cross-eXamination. the plain purpose
Of this breach of faith IL 10 prevent my |
having these documents until after DR. |
Flint has testified.
Such tactics are sometimes resorted to |
by a certain class OF lawyers In private
litigation but II IL hardly conceivable that |
the State. in a judicial inquiry into a |
mans sanity, should be n party to hiding |
or Withholding evidence that might throw
light on the case even If helpful to the
prisoner
You were vigilnnt and active and cour-
ageous In an endeavor to have even
handed Justice meted out to a poor and
unbefriended individual in the Brandt
case. ! venture to urge that a rich man
Is just as much entitled to justice and
fair play as Is poor man.
The conduct OF this case requires some
of your personal attention unless II is
to degenerate into a mere private perss-
cution.
Although Mr.. Jerome stated to Justice
Keogh Thursday. when In an effort to
prevent a mistrial | suggested that the
Attorney General be consulted. that he
would not consult with the Attorney Cen
eral or take any instructions from the
Attorney General In this case and that
II the Attorney General attempted to In.
terfere with him he would withdraw from
the case, ! do not construe this to mean
that you have voluntarily surrendered
the functions OF your high office In this
case or any other case TO special coun-
sci.
Since your assistant. Judge Kellogg,
was compelled 10 absent himself from
the trial there have been no limits to
Mr.. Jcromes bitterness and vindictive-
ness against Thaw. lf the keeping OF
Thaw permanently imprisoned In an In
sane asylum was important enough to