Little Falls Herald

HALT IN THAW TRIAL

District attorney makes formal request for lunacy commission.

Court Takes Prompt Action When Prosecutor Declares That Evidence In His Hands and in That of Counsel for the Defense Would Show the Defendant Insane—Jury Excused Until the Matter Is Decided.

New York, March 20.—District Attorney Jerome has finally made the move which has been a menace to the defense in the trial of Harry K. Thaw ever since the hearing of his case was begun nine weeks ago by asking Justice Fitzgerald to hear evidence as to the appointment of a commission in lunacy to determine the present state of the defendant's mind. Trial was immediately halted, the jury was excused for two days and Justice Fitzgerald will in the meantime receive affidavits from opposing counsel and determine whether or not a lunacy commission shall be appointed.

Mr. Jerome declared there was evidence in his own hands and in the hands of the counsel of the defense which would convince the court that the trial should proceed no further. Justice Fitzgerald called for every bit of available information and went so far as to state that in the personnel of the proposed commission he did not wish to appoint any one who had been consulted in the case by either side. He therefore requested counsel to submit to him a list of all the alienists who have been in any way connected with the proceedings thus far.

Thaw, who had appeared pale and tired when the day's session of his trial was begun, turned crimson during the exciting scenes which attended the adjournment of court on Mr. Jerome's motion for a lunacy commission. He bit his nails, fidgeted about in his chair for a while and finally assumed an attitude of despondency.

THAW IS NOW INSANE

Such is the opinion of seven experts as submitted to court by Jerome.

New York, March 22.—District Attorney Jerome presented to Justice Fitzgerald eight affidavits in support of the suggestion he made Wednesday in the case of Harry K. Thaw that the defendant is now in such a state of lunacy or insanity as to be incapable of understanding the proceedings against him or making his defense.

The court was in session for less than an hour. Delphin M. Delmas for the defense stating that their answer to the district attorney's proposition was not ready. Justice Fitzgerald allowed both sides until Saturday afternoon at 2 o'clock to file such affidavits as they desire with the clerk of the court.

Mr. Jerome's affidavits embraced the opinion of his seven experts who have heretofore testified and a statement by Irwin S. Cobb, a newspaper reporter, who gave the text of the statement which Thaw issued at the conclusion of Mr. Jerome's long and severe cross-examination of his wife.

Six of the alienists in their affidavits declared that Thaw was suffering from a form of paranoia; that he should not be discharged from custody; that if he should be discharged he would be dangerous to public peace and safety and that it is reasonably certain that he will not recover. The seventh alienist, Dr. Hirsch, agrees with his colleagues except that he declared that Thaw cannot possibly recover.

OFTEN CONSULTS COUNSEL.

Thaw's Attorneys Declare He Is Perfectly Sane.

New York, March 23.—Affidavits of the defense of Harry K. Thaw as to his mental condition and whether or not a commission in lunacy should be appointed to examine him were filed at noon with the clerk of the supreme court. There were eight affidavits, of which that of Delphin M. Delmas, of the Thaw counsel, was first.

Mr. Delmas in his affidavit declares it to be his opinion that Thaw has been and is capable of understanding the nature and object of the proceedings going on against him; of comprehending his own condition in reference to such proceedings and of conducting his defense in a rational manner and that during the whole of the trial, he has understood the nature and object of such proceedings; has comprehended his own condition in reference thereto and has conducted his defense in a rational manner.

This opinion, the affidavit says, is based upon the professional relations Mr. Delmas has had with the prisoner since the beginning of the trial and the many communications he has sent to Thaw and received from him. Eighteen letters received by Mr. Delmas from Thaw during the trial and several slips of paper containing suggestions with reference to the conduct of the proceedings actually going on, which were handed him by the defendant in the courtroom, are made a part of the affidavit.