The San Francisco Call. Newspaper, February 17, 1907, Page 21

CALL FIFTY-SIX PAGES—THE SAN FRANCISCO CALL, SUNDAY, FEBRUARY 17, 1907—PAGES 21 TO 32 PRICE FIVE CENTS. Sketches of D. M. Delmas made especially for The Call by Artist Loomis, of New York during the Thaw trial. Reports from New York state that D elmas is the most popular lawyer for the de- fense that has ever appeared before the New York bar. Attorneys and newspaper men hold him in high esteem. McPike Is Accus Y Hartridge Takes San Franciscan to Task in Tombs hering ended re the bitter feeling e> will show bers of counsel open declaration of war, t one of the five Involved was w ng to pre- 1e West to teach York Attorney When of New law. confronted in the Tombs today by Clifford Hartridge of counsel for the defense, McPike denied absolutely having made the statement. On bsequent investigation, Hartridge found three newspaper writers who de- | clared McPike had been correctly re- | ported. McPIKE DISPLEASES DELMAS McPike’s indiscreet Interview was perticularly displeasing to Delmas, and he 4id not hesitate to say so. Among charges hurled at Delmas by Hartridge during ghe course of to-day’s stormy meeting were the following: .at McPike, before he came to New York, was the representative of Law- Abraham Hummel in California, Hummel was declared to have been working for the interests of the prose- utfon in this case since the first; that Pike is not and has not been at any other me “of counsel” in the case; as been allowed to fill a seat at the nsel table in the courtro6m simply ! might transmit messages to and from his partner, Delmas; that McPike crossed the continent soon after the tragedy last June and urged Delmas’ ability as a criminal lawyer as a reason for his being retained in the case; that Delmas himself made wo trips from San Francisco to New York and was obliged to undergo an examination &s to his competency to perticipate in the case at the hands of Mr. Watson, the Thaw family lawyer in Pittsburg; that since his examina- tiops of Wwitnesses began Delmas has as ed to himself all the right and privilege of senior counsel, and has made remarks of a derogatory nature concerning his fellow counsel. t he ense in the Thaw trial. 6:30 o’cl that he| While Delmas refused to be quoted as to his side of the case, it is known that he is not at ..l in sympathy with his assoclates’ ideas as to the way their client’s interests should be safe- guarded. At two previous confer- ences, the first on the evening of the opening day of the trial, Delmas pro- tested against the methods of the de- fense and declared he would withdraw entirely unless he were allowed to as- sume entire control from that point forward. Plainly enough the whole trouble among Thaw's lawyers erises from their jealousy of Delmas’ prominence in the case. . Barly this morning Del- meas sent for Evelyn Thaw and ques- tioned her concerning the divorce suit brought iy George W. Lederer's wife a year or so age. Delmas had been greatly surprised to hear yes- terday that Evelyn Thaw had been named in the case and that Jerome was in possession of certain evidence | that he had secured from Hummel. | It is sald that at today’s interview [Mrs. .uaw assured Delmas that he |need have no fear that she would be compromised by the alleged evidence | in Jerome's possession. Delmas also received & long letter | from Thaw early this morning. In re- sponse to his client’s request, Delmas | hurried to the Tombs, where he spent | an hour with the prisoner. In describ- ing his visit and the contents of the letter, Delmas said both showed to his | satisfaction that Thaw was now as sane as men ever was. . “I told Thaw this morning,” said Del- mas to The Call correspondept, “that I wished he Wwere ‘of counsel’ instead of being at the bar. His insight into the strength and weakness of his case is remarkable, and his conception of the best thing to be done at any par- | ticular moment is almost always in ac- cord with my own. In my forty years' | experience I have never seen a defend- ant better equipped.” NEW YORK, Feb. 16—There was a stormy meeting this afternoon of the five lawyers who are - It lasted five hours, in the offices of Delmas and McPike. ck, a temporary truce had been patched up. How long it will | sting between Delmas and McPike on one side and the three other mem- itself n anpoooo e JUROR BOLTON BRAVELY DECIDES T0 RESUME Will Reoccupy Place Box and Thaw Case Will Proceed NEW YORK, Feb. 16.—The trial of Harry K. Thaw will be resumed before Justice Fitzgerald Monday morning at 10:30 o'clock. Funeral services were held today for the wife of Juror Joseph B. Bolton, and it was said afterward that the jury- man had expressed his readiness to resume his place In the Thaw jury. Bolton feels that it is a conaclentious duty for him to hear the Thaw case to the end. Should he drop out it in would mean the loss of many thousands| of dollars to the State and to the Thaw family. A mistrial would be declared and four weeks' time would be wasted. Aside from the routine expenses of the jury, this without fees, the Thaw trial is costing the State a sum almost equal to that being spent by the de- fense's attempt to prove that the young man was Insane when he shot Stan- ford White. District Attorney Jerome has employed three of the most eminent allenists of the country, and their fees alone will make the case rival In cost the famous Molineux hearings. THAW MUCH RELIEVED Thaw was much relieved today when told that the Bolton family physician had informed District Attorney Jerome that the juryman would be able to re- sume. The prisoner had been appre- hensive since the first intimation of Mrs. Bolton's serious illness was re- ceived that there might be a mistrial, Both he and his attorneys are anxious that nothing shall prevent the case running its course. Thaw’s counsel be- + used of Offensive Garru- lousness in Praising Delmas lleve thelr case to be in excellent shape. Jerome expressed willingness to join with the defense in asking for the ap- pointment of a commission to determine Thaw's present state of mind, but the defense will continue its endeavor to show that while Thaw was “explosive- 1y" insane at the time he killed White, and that while the effects of the “brain storm” were apparent in him for three months, his improvement has been so great since October 1 that he is to- day of perfectly sound mind. The Thaw jurors, when uncer exami- nation as talesmen, were asked if they would glve the defendant the same rea- sonable doubt as to his sanity or insan- ity as they would to the question of gullt or innocence. In évery case. the jurors declared they would. Dr. Charles G. Wagner and Dr. Britton D. Evans, the two alienists who have offered evi- dence as to Thaw’s state of mind at the time of the homicide, have yet to be cross-examined by Jerome, ,PRESENT MENTAL STATE If, at the cross-examination, the rea- sonable doubt as to Thaw’s soundness of mind on June 25 still exists, the defense will try to show that Thaw, at the present time, i sane and enti- tled to absolute freedom. This is be- lieved by many to be the most essen- tial part of the task confronting the defendant’s attorneys. Dr. G. B. Ham- mond, who has been constantly beside the prisoner since the trial began, is expected to testify as to Thaw's pres- ent mental condition. He was not with Dr, Evans and Dr. Wagner during their visits, There may be additional technical testimony along this line. ‘While the defense apparently seems to be nearing its ciose, there is so much actual work yet to be done that it 1s difficult to forecast just when the Thaw testimony will rest and Jerome will begin rebuttal testimony. Dr. Evans was on the stand and about to relate certain conversations he had ‘'with Thaw in the Tombs during his first three visits when court ad- journed Thursday. It is presumed that he will resume Monday morning. It was intimated today, however, that Dr. Hvans may be withdrawn to allow Mrs. Evelyn Nesbit Thaw to conclude her testimony. The defense has the right to recall Mrs. Thaw at any time it con- siders it has placed before the jury suffictent testimony as to Thaw's in- sanity to permit of the introduction of further revelations made to him by his | ‘afternoon Justice GEORGE CAOGKER LOSES SUIT AGAINST DR, DOYEN French Tribunal Concludes That Action for $20,000 Is Not Well Based PARIS, Feb. 16.—The Public Prosecu- tor in the First Tribunal of the Seine today presented his conclusions in the sult brought by George Crocker of San Francisco to recover $20,000 from Dr. Doyen, which Crocker paid the physi- cian in 1904 for treating the late Mrs. Crocker for cancer. The conclusions were agalnst Crocker's contention. The tribunal announced that a decislon would be rendered next week. The Public Prosecutor contended that the professional and scientific questions ralsed . di@ not concern the tribunal, whose sole duty was to determine the validity of the contract. He freely en- tered into Crocker’s contention for the return of a part of the fee, saying that the suit was not well founded, because Dr. Doyen had not refused to continue his services and only ceaséd his visits at Crocker’s request. A A A A AN wife and by his statements to her in return. . MORE FROM MRS THAW As matters stand, the principal wit- nesses for the defense have not finished thelr direct testimony. Mrs. Thaw has much to tell and Dr. Wagner and Dr. Evans are to be called for further direct questioning. Mrs. Willlam Thaw, the defendant’s mother, also remains to be heard. Rumors that District Attorney Je- rome may yet apply for a commission to test Thaw's sanity will not down, in spite of the frank statement issued by the Dfstrict Attorney’s office yester- day. The latest report is that he will develop in the cross-examination of Drs. Evans and Wagner the grounds for asking the court to appoint such a com- mission. If it should be decided that Thaw is sane, the trial would be re- sumed; but if he should be declared of unsound mind he would be taken to an asylum for the criminal insane at once. When court adjourned last Thursday Fitzgerald released the jurors from custody “until Monday morning.” It is not lkely that the Jjurors will again be held in close con- finement. New Scandal Brews on Relief Work Washington Wants to Know About Certain Whisky Bills SPECIAL DISPATCH TO THE CALL WASHINGTON, Feb. 16.—Another scandal is developing in relation to the relief measures taken by the United States Govern- ment under the authorization of Congress and the supervision of the War Department in connection with the earthquake and succeeding fire at San Francisco last April | charges in circulation of vast discrepancies between the relief funds For months there have been as authorized and the possible accounting that could be made to counterbalance them. These charges have involved among others the army officials in charge of policing the city and the protection of life and property. No accounting has thus far been made.of the disposition of the $2,500,000 appropriatéd for relief cisco’s calamity. work at the time of San Fran- It is known that the Government, through the agency of the Quartermaster General’s department, sent relief trains from various points to the stricken city alleged to have been laden with supplies, medical stores and There is a persistent other necessaries. or in WasHington that the accounts are in a bad tangle and that certain discrepancies must be met in some way before the final accounting can be made public. Secretary Taft, as the head of the War Department, charged officially both with the maintenance of order and the safeguarding of lives and property in San Francls-4 co, naturally is in the forefront of this| comment and criticism. It Is regarded | as remarkable that he should send to| Congress in this conectlion an official letter recommending that the losses sustained by the saloons through the destruction of an Indeterminate | amount of whisky should be repaid out of the rellef fund which he was| directed to expend. It is apparent that an effort has| been made by government officials toi attach the alleged discrepancies in the expenditures and the balance left from | the rellief fund upon Mayor Schmitz and other civil authorities. Judge Ad- vocate General Davls, in his opinion| accompanying Secretary Taft's letter, says that the service of federal troops was asked for by the Mayor of the city of San Francisco and that thelr duty was supposed to consist in pro- curing and distributing food and pro- viding shelter for those whose homes had been destroyed. FAR-REACHING PRECEDENT It 1s pointed out by critics of Secretary Taft's recommendation to reimburse the whisky nllo: of San Francisco that a far-reaching precedent would be established If his recommendation should prevafl. All property, it is contended, Including the many valuable buildings dynamited in efforts to check the spread of the com- flagration from the earthquake, might claim equal basis for damages. This might cause a flood of claims of all kinds to pour in upon Congress or the Federal Government for actlonm taken while the military forces of the Government were In control of the city. Nowhere in Judge Davis' opinien is the idea presented that the reimburse- ment should be made from the relief funds authorized to be disbursed by the Secretary of War. In no way does Judge Davis indorse or sustain See- retary Taft's recommendation that the whisky bill be pald out of the relief funds. Secretary Taft's letter, with Judge Davis’ opinion, Is now before the com- mittee of claims of the House, and it is understood they are contemplating a favorable report. P