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Show TIlAW NOT DADLY FRIGHTENED BY HIS PRESENT PROSPECTS , NEW YORK, March 22. The status "of the Thaw case early this morning was that District Attorney Jerome had furnished Justice Fitzgerald with affidavits affi-davits of seven alienists who substanti-', substanti-', ate his' expressed opinion that the prisoner pris-oner is insane and incapable cf eonsnlt-'. eonsnlt-'. ing fits counsel as to his defense against the' ' charge of having murdered titan-ford titan-ford White. By 2 o'clock tomorrow the attorneys for the defense must file affidavits with Clerk Carroll. in the criminal conrt building answering Jerome's assertion, ' and his affidavits. The District Attor-. Attor-. ney has not formally moved tha ap-' ap-' pointment of a commission to examine ' into Thaw 's present mental condition. but has left It to the "conscience of r the court." as he expressed it Wednes-J Wednes-J 'Jay, to decide whether the case shall ''"go to the jury, so Justice Fitzgerald ' will consider the affidavits submitted by each side and inform all the counsel when to appear in court to hear his cie- cision. lie may dp more than weigh the eon-". eon-". tents of the' affidavits, for he may call for more evidence before he makes up his mind that procedure is advisable. In particular, ha may seek the opinion of Di. Allan MaeLane Hamilton, the , alienist, who, when called to the stand . , by the defense Wednesday, evoked Dis-' Dis-' triet . Attorney Jerome 's strong state-. state-. meats as to Thaw's mental statet i nd , brought about the present condition of the case. Should Jnstiee Fitzgerald do this, the ,f defense, it is certain, will strive to bar s Hamilton's testimony on the ground of ; ' professional privilege, inasmuch as he ' was engaged by the defense to examine exam-ine Thaw, and did so shortly after White's tragic death. In all this the . jury will have no part, although it was - excused yesterday to appear in conrt . this morning. This, however, will be a . formality, and it is certain it will again.be excused until it has been decided de-cided vahetber Thaw must undergo an - examination as to his sanity. Notwithstanding District Attorney Jerome's belief that Thaw is a paranoiac para-noiac and the corroborative opinion of the State 's alienists that he is . practically prac-tically incurably insane, the defense will make, a determined effort to com-. com-. bat the appointment of a lunacy commission com-mission or his going to an asylum. His lawyers met at Delmas' office last night and made plans toward this end Their affidavits are sow being prepared. These will consist of sworn statements state-ments by several of them that they have found Thaw fully capable of advising- them, and the sworn statements, j by some of the prisoner's relatives to k the same effect:. Besides these, there will be affidavits by alienists retained by the defense, probably Dr. Evans, Dr. ' . Wagner and Dr. Hammond, which will set ont that they have sat in conrt J beside . Thaw 1 for several weeks, have talked with him reely and are con-. con-. vinced that he ia quite competent to confer with his counsel as to his welfare wel-fare in the case. J. number of letters , to bis counsel since the. trial began will , be submitted to the conrt. , , If Justice Fitzgerald decides to appoint ap-point a commission in lunacy, it will 1 consist of three members, an alienist, a lawyer and a layman. The alienist must necessarily be one who has not figured in any wsy in the case. The commission; commis-sion; if chosen, will examine Thaw and report to the ejnrt. If it were to find him sane the trial would be resumed. . If otherwise, Jnstiee Fitzgerald would be obliged to order Thaw 's confinement in the hospital' for the criminal insane. Thaw is not greatly disturbed, it' is naid, over the possibility of having to be examined by a commission. Lawyer have told him that the question at issue is thinly whether he can instruct them pro; rrly. He' is confident 'upon this point, and confident also that 'when once tbis question is disposed of it will be Tl the easier for his lawyers to pervade per-vade the -jury as to the "brainstorm" .ae cf defense. . . f ''" 't.'. .''. |