The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-21

! could pFsve an hllpi fer Stanford Whitel
the dsefs were shut tight"
Mr., Delmss repeated his arguments,
and after he he'd Finished, Justice Flta-
gerald said
No Discretion.
'9This Is not discretionary matter. On
the record hi this case must rule ac-
tained.e
Mr., pelmes offered to state as a mat
ter OF discretion what he intended TO
prove by DR., Hamilton,
Mr.. Jerome again objected, but Jus
tiee Fitzgerald instructed Mr. Deimas
that he might state IN general what he
wished to prove, but that 10 might not
go Into facts.
Now, your honor" said Mr., Delmas.
that you have sustained the objection
to the question of this witness on purely
legal grounds, I appeal to your disere-
tom"
II have already said" interrupted JUS
tice Fitzgerald. that 7 have absolute
ly no discretion on record Of this CASE
l must rule according to the law"
Mr. Delmas said that as Justice Fitzger-
aid had ruled on only one question put to
the witness, he would proceed to ask
others
"tIow many visits did you make to the
defendant, doctor?" he asked.
Mr.. Jerome did not object and Dr.
Hamilton said he had visited Thaw four
times, on June q and 2S and July and g.
AS q result of these visits were you
Of the opinion that Thaw at that time
was insane?"
Jerome Sustained.
Mr.. Jerome objected to this and was
sustained
Your honor" said Mr.. Delmas "has
n AA1
ton of Thaws. | propose to ask DR.
Hamilton to tell what occurred on his four
visits to Thaw, After I have proved that
this witness of the opinion that
Thaw was insane. I propose to ask him
regarding the conversation.
Justice Fitzgerald declined to reverse
his decision
Mr. Delmas then asked: Did you form
any opinion, doctor?"
Justice Fitzgerald said the witness
might answcC this yes or no.
Yes" replied Dr. Hamilton.
State what that opinion was"
Mr.. Jerome's objection was sustained
Justice Fitzgerald said if he allowed
DR.. Hamilton to testify at this stage of
the case, it might entail REORGANIZATION
of all the experts for a month to come.
AS long as there is legal force to
the objections of the district attorney"
said the judge, Il will decline to in
terfere as a matter of discretion"
Mr.. Delmas was persistent and asked
DR.. Hamilton IT, as a result of his four
visits, he had reached an opinion as
to the state of Thaw's mind on the
25th of June.
tion vas not proper sur-rebuttal, but
Justice Fitzgerald iallowed yes or no
answers.
II did form an opinion" said Dr. Ham
ilton.
PLEASE state to the jury your opinion
as TO whether or not Thaw was insane"
Mr.. Jerome objected and was sustained
CONSULTATION.
7 Mr.. Delmas then asked for a fifteen
minutes recess for consultation of coun-
| sci. This was allowed.
DIR. Hamilton resumed the stand after
| the recess and Mr. Delmas Immediately
| asked permission to read to DR.. Hamilton
| the Indictment against Thaw Permission
| was gwen and the Indictment was read to
| the witness in an indertone.
In your opinion" asked Mr. Delmas,
IN view OF the knowledge you acquired
| as to the mental condition of Thaw from
| the four visits you made to him, did he
| know that the act set forth in the in
| dictment was wrorg?"
MIR. Jerome objected to the question
| and was sustained.
| Er. Delmas repeated the question in
| various forms. Hid was met each time
| with an objection from the district at
| torney which Justice Fitzfierald inva-
ria.-y sustained
| He then announced that as the result
| OF the consultation of counsel, he was
| ready to accept the district attorneys
| offer to tell all he knew about the
case 81 Harry K Thaw.
III counsel desires to conduct a fun
| inquiry including the hypothetical ques-
| ito of the district attorney, | will not
| ofer an objection said Mr. jerome.
| Justice Fitzgerald wanted to know if
the district attorney withdrew all the
| objections on which the court had ruled
Mr. Jerome said he did not.
| Mr. Delmas then said: "Now( doctor.
state all the facts that you learned or
! observed during your four visits to the
defendant"
| To this Mr.. Jerome added: 'Include
all Won learned as to the family his
| tory on both sides while you were in the
case"
ney mean by while you were in this
case?'"
Il mean before yol came into the case"
! replied Mr., Jerome.
| Hamilton to State Facts.
! Mr. Delmas then said that District At
| torney Jerome had repeatedly stated in
court that il he were honestly convinced
that Thaw was insane when he shot and
| killed Stanford White he would not take
| up the time of the court in trying him.
We propose now byIyour own Witness"
said Mr.. Delmas. ito honestly convince
YOU that Thaw was insane"
At this point Justice Fitzgerald said he
| thought the jury ought to retire. They did
SO and Mr.. Jerome began an impassonel
| address to the court
Mr.. Jeromes address was in an effort
to show what his offer to withdraw his
! objections and allow DIR. Hamilton to
| testify was based on
II want to explain and make my po-
sition clear. AS ! understand the mat
ter, DR. Hamilton who was originally
called into the case by the defense, is
ready to testify that in his opinion this
defendant was insane. that he was of
unsound mind when he committed the
homicide and that as he sits at the table
| today he is suffering from a mental dis
! ease known as paranoia. disease which
the sufferer under the last stages of the
disease is capable Of knowing the nature
| and quality of his acts. ] understand
that Dr. Hamilton so advised the de-
| PENDANTS counsel and that his counsel
was then changed.
ct am willing to throw open the door
wide and I ask to let all these facts
| come out. but | will not agree to MIR.
! Delmas combining his questions to these
| four visits and keep me down to the close
| limits of evidence and not be allowed to
go into the real facts of the case"
Iaron,a,. Doeitiop