New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-05-01
JEROME RETAINED TO
OPPOSE THAW'S RELEASE
RefreSheS Memory OF the Case.
and viii Be Ready for Trial
Within Two Weeks.
SHEARN DEMANDS JURY
Former District Attorney, En-
gagged in Response to Senti-
ment Voiced by The Trib-
une, Will Fight This,

y
the popular demand. expressed by The
Tribune. and retained William Travers
Jerome 70 assist the state in opposing
the release of Harry Is. Thav from Mat
tcawan Mr.. Jerome has already begun
furnishing his knowledge of the Thaw
casc gained ae prosecutor of Thaw in
two trials for the murder of Stanford
White and as states counsel opposed to
his release both in the proceedings
brought four years ago before Justice
Morschauscr in Poughkecpsie and in
those brought loss than three years ag"
bofore Justice Mills in White Plains.
II will take him two weeks, the for
NOR District Attorney thinks. ia go
through the tremendous mass Of mate
rial bearing on the case and regain the
grin on II no considers necessary. hc-
cordinglv. when the haboas corpus pro-
coodings come w before Justice Kcogh
In White Plains on Monday. ex-Justicn
Josanh 4 Kellogg. Deputy Attnrnev
Genara1 in charge Of the Thsw litigation.
will ask for two weeks adjournment to
give Mr.. Jerome the time no wants
As the state IL entitled 70 All adjourn
ment the present one having been
agreed upon by counsel for both sides,
LITTLE doubt exists that Judge Keogh will
grant tho motion.
In the mean time. however. tho court
will 10 called upon TO determine more
serious question. Clarence J. Shearn,
counsel for Thaw. tried Yesterday 70 off
sot the retention by tho state of tho man
no feared most az opposing counsel by
serving papers I'm a motion TO have the
question Of 1,bav's sanity tried before 4
iury. Justice Toogh will hear the arsu-
ments on this motion tomorrow morn
ing in his private chambers at New Ro-
chene. Roth Mr.. Jerome and Deputy
Attorney General Kellogg will appear in
opposition.
Thaw made the same motion through
counsel 10 Justice Mills on June %. 1908.
but Justice Mills decided to try the case
himself without the aid of a jury. on the
ground that no jury of Iaymen could be
depended upon 10 give a Just verdict on
the mass Of conflicting testimony and
opinions from experts to be introduced.
This is exactly the argument 10 be ad-
yanced against the motion by the state
Tomorrow Both Mr.. Jerome and Mr..
EoIIopg will urge that no case could he
Loo. ot+od for inv, trial than tho .oras-
,ior ~ Tbau..s sanity narticu,ar,v IN
,.;av. ~ the oceans Of testimony already
,a,,an On the suhiect
Tbav viii, ,oirt ont too that ,ueticc
Keoeh ts especial,,. qualified IN mass on
Tbau,'s mental state himself having
uresided ove,. innumera HE qrnitv nro-
caedinRs and bainr familiar with all the
no,nts raised for and AGAINST in sucb
cases They are confident that Justtc,
Keocb in spite Of his rather DOOR health
will NOT s.ek ~ ebirl f,Il rasnoneibiI,t,.
for the verdict nv calling in iurv
AZ raeu,t Of Mr. Iero,o,s ra,on,,or
=, ;s nrohabIa that DR. Austin Flint VII,
has 3 nneared a. exnert ui,nass ayainet
Tbaw in practically All tbs cuurt nro-
i-caedinee growing ont of tho ,n,,rdar y,
Stamford White will no astad 70 had
tro s,o,a.s arra,. ~ doo,ors ..ho hol,o,..
,r,o,,. g stu do,oaro,,, ,,oraroioo
81,