The Stark County Democrat

THAW WORRIED
ANXIOUS BECAUSE OF
JEROME'S INTENTION
To Have a Commission
of Lunacy
Appointed, and Talked
With His Lawyers About
the Matter-Agreement
Rumored,

New York, Feb. 24. Harry K. Thaw summoned two of his lawyers to the Tombs this morning and held a half hour conference with them. Thaw is not a little worried over the reports that District Attorney Jerome will ask that a commission in lunacy be appointed to sit in his case and determine whether or not he is sane.

There have been all sorts of stories about this proposed lunacy commission. According to the information that the lawyers for the defense have received, Mr. Jerome proposes to have his alienists follow the three doctors that the defense is yet to call, and upon their statements ask that the lunacy commission be appointed. The appointment of this commission rests solely with the judge, should the latter be convinced that the defendant is mentally unfit for trial.

Harry Thaw is anxious to know just how far Jerome could go in applying for the appointment of this commission, and it was on this score that he questioned at length Lawyers Hartridge and O'Reilly when they reached the Tombs this morning. Lawyer Delphin M. Delmas and his California colleague, McPike, went automobiling to Atlantic City today and are not expected to reach this city until tomorrow morning.

One of the stories that was circulated around the criminal courts on Saturday evening and which reached Harry Thaw, was to the effect that Mrs. William Thaw, the mother of the defendant, had sent a representative to confer with District Attorney Jerome and that an agreement was reached as a result between the district attorneys and Mrs. Thaw whereby the lunacy commission was to be applied for suddenly. It was said in this connection that Mrs. Thaw had been greatly stunned over the ordeal her son's wife had to undergo and the things she revealed. The stories had the prisoner's mother in dread of taking the stand and that in order to put a stop to any further trying ordeals she had decided to concur with Mr. Jerome in applying for a lunacy commission. Harry Thaw, it is said, never took any stock in this story and from what could be learned today the yarn was made out of the whole cloth.

The origin of the story is attributed to a talkative court officer doing duty at the trial.

Mrs. Evelyn Nesbit Thaw will again take the stand tomorrow morning and be put under more cross-examination by Mr. Jerome. It was said on excellent authority today that the district attorney will not finish with her tomorrow, but will take up a good part of Tuesday in questioning the young wife of the defendant. It was learned today that the present plan of the defense is to call Mrs. William Thaw as their last witness.

When Mr. Jerome has finished his cross-examination of Mrs. Evelyn Nesbit Thaw, the defense will call Doctors Deemer and Bingaman, two experts that examined Thaw in the Tombs, and also Dr. McGuira, the Tombs physician. While these physicians are on the stand the district attorney will have in court Drs. McDonald, Flint and Mahon, the three specialists for the prosecution. They will listen to the testimony given for the defense.

Just when these latter three will take the stand is indefinite at present but according to the stories told around the building Mr. Jerome will move for the appointment of a commission in lunacy immediately after the testimony of his experts is taken. The general opinion is that Mr. Jerome will call several important witnesses in rebuttal of the testimony of the prisoner's wife. Taking these things into consideration it is the opinion of many interested in the case, and especially in the opinion of the lawyers for the defense, that the trial will not end for at least two weeks more. Dr. Carleton Flint, of 107 West Fifty-fifth street, refused to deny or affirm today that he had been subpoenaed as a witness for the prosecution.

In questioning Mrs. Thaw on Thursday as to her numerous visits to doctors, the district attorney asked her this: "Did you during 1901 or 1902 visit the office of Dr. Carleton Flint with Jack Barrymore?"

Mrs. Thaw answered at first that she did not think she did, and when more closely questioned said she did not remember. Asked as to whether or not he had been visited by Mrs. Thaw, Dr. Flint said today that that was a matter that he could not possibly talk about.