The Montgomery advertiser., 1907-03-22

with the others in declaring Thaw a paranoiac.
 They all told me Thaw ought to he in an asylum, and not on trial for his life. framed my hypothetical question. but was unable to get into 1t much of the evidence which I had presented privately to the a1ienists. Answering the hypothetical question. they could go no further than they did go and say that Thaw knew the nature and quality of his act.
 Tt was not until pr. Hamilton was called that could call the courts att tention to the Knowledge possessed by that learned gentleman. have known Dr. Hamilton for some time Last sum- mer, after he had examined Thaw, we often rode to our country places to- geth. Dr. Hamilton tried persistently to persuade me that 1t was my duty, to apply for a commission In iunacy.
 He told me that Thaw was par anoiac. I replied that I did not be- lieve it. Now, pr. Hamilton IS here and under oath and can state the facts as he knows them"
 HartridEe is Relieved.
 MT. Hartridge of Thaw's counsel here arose and asked to be heard, but Jus tice Fitzgerald rapped sharply with his gavel and said:
 when I want to hear from you in this proceeding, MT. Hartridge, l VIII let you know.
 MT. Hartridge sat down and Justice Fitzgerald said he would like the Dis trict Attorney to clear up one Impress sion which was in his mind. He asked why the District Attorney had object ed when MT. Hartridge in cross exam ination of Dr. Mabon asked the alien ist if he was of the opinion that Thaw suffered from any form of insanity the night he shot and killed Stanford White
 MT. Jerome said he objected to the question as it was not in proper form and he could not understand what im- pression the court had gained from it.
 MT. Hartridge again attempted to be heard at this point, but the judge once more said there was no occasion for a statement from him.
 Mir. Jerome asked if MT. Delmas would waive the right of professional privilege in the case of Dr. Hamilton. To this MT. Delmas replied:
 If my client is plunged in that depth of insanity which prevents him from conferring intelligently with his counsel, how can I waive any rights for him? With all due respect to the learned District Attorney, his proposi- ton is absurd"
 T will tell you how you can settle the matter" said MT. Jerome in re- ply. All you have to do is to stand in your place and say your client is incapable of conferring with and ad- vising counsel, and then we won't need a commission. If he is not in that con- dition and you are here representing a perfectly sane man then you have a right to waive the matter of priv ilege. I would suggest that we put Dr Hamilton on the stand now and then counsel can make his position clear I contend that have a right to go ahead with the examination of Dr. Hamilton for the purpose of en- Tightening the conscience of the court"
 Justice Fitzgerald here interposed the statement that he would not allow the further examination of pr. Ham, ilton.
 Must File Amdavits.
 Justice Fitzgerald said he did not believe a further hearing on the sub ject of a commission was necessary. He wanted in affidavit form all that either side had to offer. He said he would allow the defense any reason- able time it desired in which to sub init a reply to Mir. Jerome.
 But much that we shall have to offer in reply to the showing of the District Attorney will be documentary evidence-the writings of this defend- ant" said MT. Delmas.
 Then attach your original writings to your adaffivit and serve copies of them on the District Attorney said Justice Fitzgerald.
 MT. Delmas said he did not believe he could complete his answer to the District Attorney before Saturday,
 Tn that case ruled Justice Fitz- gerald, "I will allow both sides to file affidavits in the office of the clerk of court up to D. m., on Saturday There will be no further hearing unless the court, after considering the written evidence, indicates to counsel that a | hearing is considered necessary.
 As the jury has been ordered to re- port tomorrow morning at 10:30 o'clock | Justice Fitzgerald adjourned until that | time. The jury then will be excused | until Monday morning.