The Marion Daily Mirror

EVELYN DELMAS BEGINS ARGUMENT AT TWO O'CLOCK TODAY

Justice Fitzgerald Confirms Report of the Thaw Lunacy Commission and Orders the Trial to Proceed--Dr. Hamilton not Allowed to Testify.

Jerome Endeavors to Prevent the Lunacy Commissioner's Report Being Confirmed-Justice Orders the Taking of Testimony to Cease--Indications are That the Case will Go to the Jury, Wednesday Evening or Thursday Morning.

BULLETIN
New York, April 8.--Attorney Delmas began his argument to the jury in behalf of Harry Thaw, at 2:09 this afternoon.

New York, April 8.--Shortly before the jurors were brought in court this morning for the resumption of the Thaw trial, Jerome made a formal appeal to the court asking Justice Fitzgerald not to confirm the report of the insanity commission which found Thaw sane.

"In view of the finding of the lunacy commission, I can only accept it," said Justice Fitzgerald. "The trial will resume."

The jurors were brought in and the trial resumed. Dr. Hamilton was called to testify, but objections by Jerome to Delmas' line of questioning were sustained by the court, and efforts of the defense to have the alienist say he considered Thaw insane at the time he shot White, proving futile, the witness was withdrawn.

Delmas then announced, "The defense rests."

"In view of the long time this trial has taken, I wish the taking of testimony to cease now," Fitzgerald said. "I have decided, with the consent of counsel on both sides, from this time on until the trial ends to keep the jury together as was done in the first days of trial."

Delmas asked that he be given until 2 o'clock this afternoon for final preparation for his address.

Fitzgerald ordered the attorneys on both sides to hand to him any requests they may have for instructions to the jury on particular points of testimony, and a recess was taken, suddenly closing the case. The case will probably go to the jury Wednesday night or Thursday morning. It is expected that Delmas will use this afternoon session and a good part of tomorrow. If so, Jerome will probably not begin until Wednesday. It is likely Justice Fitzgerald will deliver his charge as soon as Jerome finishes.