The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-20
JURY SENT OUT.
CONTINUED from Page one,

the district attornev" said Justice
Fitzgerald, Il now ask that 1 be giver
all the information in the possession o,
either counseI-all the evidence as Il
the defendants present state of mind
which can be presented 10 the court
do this before instituting the pro
ceedings l understand have been asked
for
Mr.. Delmas wanted to know if 9
commission in lunacy was under dis
cussion-
The court" replied Justice Fitz-
gerald, lis asked to hear testimony
while the jury is out of the room and
then to determine its course"
"All of my own experts, DR.. Binga-
man, the family physician and DIR.
Deemar, the physician to the Copley
family, have informed me-" said Dis
trict Attorney Jerome, that this man
ranoia is characterized by systematic
ed decisions. While suffering from. one
of these insane decisions this man
shot and killed Stanford White"
Did your own experts tell you
that?" inquired Justice Fitzgerald of
District Attorney Jerome
They certainly did" replied Mr..
Jerome, but from the record of the
case l was prevented from bringing
this out. 1 was bound down to a hy-
pothetical question and my witnesses
testified only as to the hypothetical
question. There is heredfty in this
man which he can not avoid
Mr.. Delmas again inquired if a
commission in lunacy had been ap-
piled for.
81 SO understand it," said Justice
Fitzgerald, "if the court shall so de-
eide"
I'VE are prepared to combat that
application" said Mr.. Delmas.
Il have made no formal applica-
tion." explained Mr.. Jerome Il sub
nit to your honor the fact that as he
sits there the defendant is incapable
of directing his defense. I leave the
matter entirely to the court
Mr.. Delmas declared Mr.. Jerome's
charges were entirely unsupported.
THE district attorneys remarks were
made under his oath of office" said
Justice Fitzgerald with some display of
feeling.
He has appealed to my conscience
and 1 now demand the production of
all the advice which any counsel may
possess
Mr.. Delmas said he understand Mr..
Jerome to imply unprofessional conduct
on the part of the defense in suppress
ing testimony.
There was an implication of miscon-
duct" said Justice Fitzgerald
Il heard of it today for the first time"
said Mr.. Delmas.
Mr.. Gleason here asked to be heard in
behalf of the defense.
Il desire to say said Mr.. Gleason,
that when this case began 1 attempt
ed to introduce evidence on the very
point which the district attorney now
demands, but it was ruled out on his
own objections"
Il remember said Justice Fitzgerald.
ruling out such testimony that it was
in relation TO collateral lines"
I'VE have made a perfect defense
here" continued Mr.. Gleason, land it
is the duty of this court to submit that
defense to the jury"
This court does not need any in
structions as to its duty" interrupted
Justice Fitzgerald, that is a matter
the court can attend to for itself. All
1 want is all of the information 1 can
get on this subject. The court wants
this information, but if 1 can not get
it 1 will have to act as see fit"
Point for Thaw
New York, March 20.-The alienists
for the defense in the Thaw trial got
word last night that Aran Taschjian,
the Armenian who cut his brother to
pieces and was found guilty of murder
in the second degree and sent to Sing
Sing, Notwithstanding a defense of in
sanity, had been adjudged insane by
DR.. North of the Dannemora hospital
for the criminal insane. to which hos
pital he was transferred within ten
days after he was sent to Sing Sing.
The alienists for the defense in the
Taschjian case were Doctors Minas S.
Gregory and Smith Ely Jelliffe, both of
whom have appeared for the defense in
the Thaw case.
Doctors Flint and Mcdonald, who ex-
amined Taschjian several times, and
Dr. Mabon. who answered hypothe-
tical question said they believed the
Armenian was shamming. These three
experts have been watching Thaw for
the district attorney since the trial
commenced
Thaw's lawyers have again changed
I,l-s- ,srr1,%
they would probably call Evelyn Nesbit
Thaw today. To what she will testify
they refused to say, but her evidence
Will probably have to do with the Hum
mel affidavit So far as is known that
will close the defanse's case. There
was some talk last night that it WAS
possible that the defense might call
David L. Carvalho, the expert in hand
writing and photography, to testify as
20 the genuineness of the signature of
affidavit, but this report could not be !
confirmed.
Another report current was that Dis |
riot Attorney Jerome had surprise to
1ffer and that this would delay the |
summing up in the case until Friday. |
The surprise, it was stated, would be |
Ealing of q new witnesses whom the |
prosecutor believes he will be able to |
put on the stand in a re-opened direct |
,ase. This witness was said to be Miss |
-da Vera Simonton. who has been fire. /
Iuently mentioned during the trial as
IN important witness.
Miss Simonton has been abroad for |
several months, having been with Prof. |
Richard Lynch Garner in South Africa, !
studying primates- 1t was said that she |
would be called today when the defense |
ested. Miss Simonton has not yet ar |
lived and it is presumed she is a pas |
enger on the Kron Prinz Wilhelm, |
which is the only steamer to dock to-
lay
Miss Simonton met Miss Nesbit in /
Paris. it has been said, when Miss Mes /
III Was there with ThaM and il is STAT