The daily morning journal and courier., 1907-03-22
COMMISSION IN LUNACY
 STILL IN THE BALANCE
tContinued from First Page,)

the Waiving of professional privilege. The defense seemed inclined to the view that Justice Fitzgerald had held Dr. Hamilton's evidence could not be taken into consideration, and that con- sequently the district attorneys posi- tion was materially weakened Dr. | Hamilton was first called into the case by Thaw's lawyers, and it was while he was in their employ that he made his examination of the defendant. Under the law he cannot testify without an l express waiver from the man who was | his patient.
 MT, Jerome's affidavits submitted to- | day embraced the opinions of his seven experts who have heretofore testified, and statement by Irwin s. Cobb, n newspaper reporter, who gave the text of the statemeG.s which Thaw issued at the conclusion Of MT. Jerome's long and severe ross-examination of his wife. | The experts are Drs. Flint, Mabon, l Macdonald, Pritchard, Ferris and Die fendorf.
 MT. Jerome, in presenting his affida- wits, called particular attention to the one signed by Dr. Carlos F. Macdonald, who, after reciting what he has wit messed in court, his observations of ThaW immediately after the tragedy and what he has learned as to epilepsy and insanity in various branches of the ThaW family, declares that he is firmly convinced that Thaw is suffering from paranoia, and that while he knew enough to realize the nature and qual- ity of his act when he Shot and killed Stanford White, he is now, and for some time past has been, incapable of understanding the proceedings against him.
 Dr. Hirsch, while agreeing in the main contention of Thaw's insanity, says that Thaw knew what he was doing on June 25 that he was suffering from a form of mental disease commonly known among those skilled i'l mental diseases as paranoia, and fin my opinion" Dr. Hirsch adds, "the form of mental dis ease in the said Harry K. Thaw is such that he cannot possibly recover from the same.
 The reporter Cobb. in his affidavit, sets forth the facts connected with Thaw's dramatic manner of issuing his statement concerning Mir. Jerome S x ross-examination of Evelyn Thaw All these facts were narrated at the time the insistance of Thaw that the report CT should sign and seal an envelop con- taining the original of the statement and compare the original with the typewriter copies which were subse- quently handed to hm for distribution among the other newspaper men at the trial.
 District Attorney Jerome occupied most of the time the court was In ses- sion to-day in a personal explanation of the reasons which had hindered him from earlier calling the attention of the court to Thaw's present state of mind He said he had long been convinced that the defendant was of sound mind but he had no way of legally bringing the matter to the attention of the court until Dr. Hamilton was put on the stand by the defense. MT Jerome said he could not have called Dr. Hamilton on account of the professional privilege which the defense could have interpos. ed as bar to any testimony the learn. ed expert might have to offer
 Mir Delmas declined again to waiv, any privilege with regard to Dr. Ham ilton on the ground that if the distric attorney's contention as to the presen insanity of the defendant is sound, hi lawyers have no right to waise any thing for 4 lunatic.
 It had been rumored all day tha Mir Delmast would not be in court thi afternoon because of the attitude as stunned by some of his associate coun sel yesterday. All the attorneys wer present, however, when Justice Fitzgvr aid took his place on the bench. MI Delmas alone was heard by Justic Fitzgerald. Twice Mr. Partridge at tempted to enter the argument but wa rapped down by the judge