New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-05-02
THAW IN COURT TODAY
Question of His Sanity Too In
triCate for Jury.
JEROME WILL ASK DELAY
Wants Three Weeks to Refresh
Memory Before Case Goes
on at White Plains.

The scene of the new attempt Of Harry
*. Thaw TO regain his freedom was trans
ferred yesterday from New Rochelle to
White Plains, and ne will renew his efforts
Tor release from Matteawan in nearly the
same surroundings as marked his last APP
pearance i'm court in 1903. On that oc-
casion Justice Mills presided and this time
Il will be Justice Keogh, but 1t VIII once
more be William TTavers Jerome WHO VIII
conduct the states case, and il is Nj.
Jerome who has been the victor every
time Thaw has been brought to the bar
Now that he has got into court again
Thaw will begin to-day to fight for APP
pearanCe under the most favorable circun-
stances lie wants jury trial and Clar-
ence J. Shearn. his counsel, applied TO Jus
tice keogh yesterday for a jury 10 pass on
Thaw's sanity. The state. however, does
not want a jury and Mr.. JeTCm" and
Deputy Attorney General keiOEg viii
argue against it to-day.
Thaw tried 10 have jury to pass on
his case i'm the hearing before Justice Mills
IN 1904 but il was refused then, and the
opinion oC Justice Mills will be cited by
the state i'm the argument before Jusiico
lIeocH To-Day. The state believes that y
would he an almost Impossible feat to ma a
i4rv competent 20 handle the delicate and
intricate questions in the Thew case and
t. hear IT, mind al the great mass OF tes-
mony. c,r.rt and otherwise, that viii be
i":rc6Uc,d.
Ilst.rc Koogh has had q large CSrcr-
c-,c iu insanity cases, and such mn cNrcr'-
.rto. with tive knowledge or tho technical
suss'3o,- involved is niece, saly in such a
$3.50 g.. TFaw's Il would DC practical
ir7rossi6iit.. the state Will contend. 'o find
twelve mon tp compose jury VIII" had
The cai~i-~ ana cNpcrieuc" required FOR
such case"
81 The .amc time that The arguments
rrc mado ON the question OF a jury - iN
the ra,c Nh Jerome will ask for an adj
Jcurumo,r Of three weeks Of the hearing
which has hrou set for ncNt MonjaN.
= houch he was the prosecutor IN both oi
rhaw'a trials and has appeared for the
state IN each Of Thavs attempts TO gain
lis release from Maueawan, NC wants time
tn refresh his memory OF the details Of the
various hearings. The FIRST trial lasted
three months. aud there were twelve vol
unos Of tho testimony Tna last hearing
before Justice Mills in 1909. occupied sin
teen court days. and there We're seventy
nearly a thousand pages.
The experts Tor tho state on this o'-
Casion will he aSain those who testified for
the state in 1909. Tacy arc J.. Austin
Flint. Or carlos Macdonald. DR. William
4 Mabon and DY. Baker. the assistant su-
rerintendent at Mattcavan. who had ThaW
under his personal supervision for nearly
three years Dr Lamb. who was until re-
Gently superintendent at Mattedwam vas
also one Of the witnesses for the state at
the last hearing lie is now in Europe
and will not bc back i'm time to appear ~
the present hearing hut it is not thought
that his absence Will seriously hamper the
state. as il was Dr. Baker who had per
sonal charge of Thaw.
!. Many of the other witnesses who were
n called in 1909 will he called again this
time, but IL has not been finally decided
who the witnesses for tho state Will be out
side of the experts. The testimony Of
forty-nine Of the witnesses before Justice
Mills was read from the records Of pre-
lious hearings, and this procedur" viii be
followed in much Of the testimony to be in
PRODUCED this time.