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Show ' foronie U easier beaten than perua3ud It arjpears. . , Wednesday. ; Dear Mr. Delmas: 78 Letters all very food todav and 8 speclaJs. Reflecting- up-oa up-oa your remarks this afternoon, J want to urge that you lnquij-e of ma concerning apparently small but nebulous questions of fact, aa there are come that might develop de-velop opening's for the prosecution if misunderstood; mis-understood; but if you learn from me the circumstances, there Is nothing that you won't be able to control, as your learning, or rather, your genius, grasps to alight est clews with a master clawp. But the clewa too are needed so, even if It may waste a few minutes time on occasion, occa-sion, on the whole these short consults tlons may prevent unfortunate incidents In future. This is of Import, to me, but may fee useful to you also. May I congratulate you on the exact ness of your law. I hope you will continue con-tinue to hold firmly to your points, and when the Judge rules differently take the same firm exceptions, tie seems now ready to agree more with your correct legal positions. When he does not. It Is you who stand upon my right and upon the precedents of the State. Similar rulings rul-ings opce were made by Judge Goff. The higher court reversed him with emphasis and with reproof.' (BarberT case.) Trusting your sleep will be sound and restful. Very Sincerely yours. . H. K."TH. Tomorrow I shall have the cheque as "you desire. ' Evidently from the footnote to the letter Mr. 'Delmas had been asking for some money. . eMakBSSasatsM NEW YO&K, " March. 28. Tha evidence evi-dence on which tha defense . in the Thaw case yainly hoped to convince Justice Fitzgerald that Harry K. Thaw is now tana and that a lunacy commission should not be - appointed, 1 waa contained in the twelve affidavits : filed by the prisoner's attorneys. These affidavits, which were by the lawyers, , the alienists and Mrs. Mary Copley j Thaw, mother of the defendant, have Just been made public. - The chief purpose of the elder Mrs. j Thaw 'a statement was to refute the charges made by District Attorney I Jerome throughout the trial in support of his contention that Thaw is now insane, in-sane, that there is a tendency to hereditary hered-itary insanity in the Thaw family. For a long time Mrs. Thaw wanted to get before the public her side of this phase of the case, and her opportunity came on the question of the appointment of a lunacy commission. His Mother's Statement. In her affidavit Mrs. Thaw says in part: First, I wish to emphatically state that In the direct line of ascent for four generations, gen-erations, if we include that of the defendant defend-ant himself, there is no trace of either epilepsy or insanity I shall apeak of the collateral rases later. . William Thaw, father of the defendant, was one of eleven children. Two sons and five daughters of this large family grew to manhood and womanhood, ijne living to an advanced age. all inheriting a measure meas-ure of the indomitable strength of character charac-ter of their, father. The youngest of this large family of children, at the age of 7 years, after a severe attack: of scarlet Te-ver, Te-ver, developed a tendency to epileptic attacks, at-tacks, and these attacks continued at intervals in-tervals until her death at the age of 60. The children and grandchildren of Mrs. Hersh are absolutely free from any suggestion sug-gestion of epilepsy, thus proving her condition con-dition to have been the result of scarlet fever acting on the susceptible brain of a young child. This is the only case of known epilepsy or insanity In this line of the prisoner s family. The other case of derangeemnt is the one brutally referred to by medical experts ex-perts for the prosecution aa being "imbecile "imbe-cile from his birth." On the contrary, Henry VV. Copley, uncle of the defendant, waa until years of age in perfect physical physi-cal and mental condition. In the dusk of a summer evening, two vicious boys trespassing tres-passing on our place, disguised with horrible hor-rible masks, pursued him until he fell with a scream of terror in my mother's arms. I was but two years older, yet the scene is Imprinted on my memory. We older children were hurried away to bed, while my parents tried to soothe the terrified ter-rified boy. Ever .after, as the country practitioner. Dr. Peemar. has testified, he was of feeble intellect and Incapable of engaging In business or any steady employment, em-ployment, yet so desirous was he of also serving his country that he, enlisted near the end of the war, although under age. He lived, as Dr. Deemar has testified, to he nearly 40 years of age, and now on Memorial day a flag waves over his grave in the family plot with tne two in memory mem-ory of the two older brothers who died on the field of battle. I beg to be pardoned for going thus Into detail in giving the exact truth regarding the two solitary cases of derangement and pointing out the exciting cause in each. I-do I-do this for the reason that I have been obliged to endure for months, with what fortitude I could summon, the cruel insinuations in-sinuations that "the mother of the defendant de-fendant would be obliged on the stand to lay bare the secrets of taint in her own family and that of her husband, etc." Let me say, once for all, there is no secret to be guarded or family skeleton to be hidden hid-den on either side of the family of the defendant. His Notes to Delmas. In his affidavit Attorney D. M. Delmas Del-mas quotes the following letters and notes from Thaw in refutation of the chargo that the prisoner was not mentally men-tally qualified to counsel with his lawyers: law-yers: ' N. Y.. Feb. 8, 1907. Dear Mr. Delmas: It Is my wish that you conduct personally the examinations of all witnesses la this case. Very sincerely sin-cerely yours, ,. , II. K. THAW. Dear ' Mr. Delmas: Tou understand, now that you have charge of the case, I support you absolutely. I do not know if you have seen Mr. Comstock or Mr. Beckwith, so Inclose two pages of questions Mr. Beckwith will be glad to answer in the way mentioned I think, and flve pages of questions Mr. Comstock could answer about my work with him. Only since reaching this place have I known that our efforts were bound to be fruitless. Vide tha sealed communication commu-nication in Mr. Gleason'a possession which we can prove to originate the 6th or 7th of July, while I may still have been fren-sted. fren-sted. Mr. Oleason has an open copy taken ta-ken at that time to show you the con-, text. . . Richard Worthlngton. Esq., of Baltimore Balti-more club, Baltimore, Md., and the clerk of that club can prove the date. , Rev. Dr. Patton, president of Frlnceton Theological seminary, has another sealed copy from, that date he cd. prove. Mr." Gleason has copy to show you. 1 hope you and Mr. McPike enjoy the rept. Vory truly yours, H. K. T. The letters show that Thaw was very much concerned about his wife's testimony. testi-mony. In this case he refers to her breaking down while under examination: examina-tion: Dear Mr. Delmas: My wife's strength Is ebbing. - She cannot recuperate until after the cross-exam. It wd. be unfortunate unfortu-nate If she broke down and her testimony was stricken out. I hope, some way, you can have the will codicil A Dr. Patton begin Monday, and then Kvelyn go on at once. Her condition condi-tion of nervousness and sadness Is grave, and her stomach has lost its functions. Cannot Dr. Evans be kept bark? Very sincerely. H. IC THAW. Dear Mr. Delmas: Mr. Peabody has a typewritten synopsis of what that very distinguished Artist of. high social position In New York wishes to testify to of Misa Nesbit in 1901, I spoke with my wife, my mother, and I think with Doctor Warner of White s boast of having spent 1120,000.00 upon himself in one year. 190S or 4 I think. Don't you wish this in the evidence so you can use the point that ho spent several sev-eral times more money than I did annually? an-nually? Tn one note Thaw said he had an important im-portant letter for Mr. Delmas and he would havo Lawyer Peabody give it to him. "I mistrust you receiving it by mail," Thaw added. These are some of the fragmentary notes written to Mr. Delmas during the trial: Shall Mr. Coroner Dooley await your pleasure thla afternoon or return In the morning tn add his testimony and Influence Influ-ence to our side? I am Informed that In last twenty thousand thou-sand (20,000) cases detained In the. Tombs not one has suffered from his wife being subpoenaed "duces tecum" to produce his letters. To counteract effect of Jerome's libelous "arguments',' It may be well to force my letters to J. D. Lyon after June 25 Into the evidence. They explain, the blackmailing, blackmail-ing, etc. Jerome hopes Dr. Kvana will tire the Jury and Judge according to the axiom "Give a man rope enough and ho will bang himself.'" As to his wife's testimony Thaw wrote this note: Feb . '07. Dear Mr. Delmas: Is'ot aa principal but as husband. I must hear your notes for my wife's testimony, as I shall permit nothing but the truth and wish to prevent pre-vent any unintentional misrepresentation. Today a witness not that stage doorkeeper, door-keeper, whom I was pleased to hear stand ' straight and safe on facts, perjured himself him-self in a very natural or studied' manner. This relieves me and forces me to insist upon my right as a husband, if not upon that deference due to my wishes aa principal. prin-cipal. Very sincerely yours, H K. THAW. Another letter contains advice from Thaw to Mr. Delmas. At the top there is the characteriHtie Thaw note: |