The Washington herald., 1907-03-21

on collision between District Attorney
Jerome and Delrnas this morning. as a
result Of which the Thaw trial was piled
Up Ia heap composed Of apparently in
extricabIe fragments Of the court. DR..
Allan MeLane Hamilton, the district at
| torney. the defendant, Lawyer Delmas.
the jury. experts without number. and
last. but far from least. Lawyer John 3.
Gleason. It is supposed that the wreck
/ is a result Of Thaw's counsel misunder-
/ standing signals.
/ In the process Of clearing up the mess,
Justice. Fitzgerald viii pass tomorrow
/ upon the Information which the district
attorney win furnish in the form OF an
affidavit setting forth in effect that Thaw
/ is insane now and incapable Of advising
/ with counsel. and that counsel for the de-
/ Tense are fully aware Of this condition Of
Thaw
/ The district attorneys affidavit viii be
! presented to, Justice Fitzgerald tomorrow
afternoon at , O'Clock. Copies Of it viii
be served on counsel for the defense, who
viii have an opportunity 10 reply to Il.
After that the court viii decide the mat
/ ter III the court decides to appoint a
! commission in lunaey 10 examine Thaw.
the trial will Of course. 60 no further
until the commission has made its report.
/ Should the commission report that Thaw
i Is nov insane, he viii undoubtedly be
consigned to the asylum for the criminal
insane at Matteawan
What Jerome Expected.
After the first shock Of the collision had
passed and the wreeking crew had got to
work District Attorney jerome said to the
/ reporters who had hurried TO the scene:
The situation is just what have been
looking for all during the trial A man
who should be incarcerated IN an insane
asylum should not be on trial for his life"
/ That Jerome has all along believed that
Thaw was insane when he shot White.
ana is insane at the present tine. he made
perfectly plain IN the course OF an ssu-
passionsd address 10 t.le court. The law
{ defines the kind Of insaaity a man may
urge as an excuse for crime 70 be tEat
insanity. which either prevents him from
knowing what he was doing. or that i
was wrong. The prosecutions experts
I hold that a man may be insane from the
medical viewpoint and be sane so far as
( the provisions Of tnis statute are con
/ cerned. And it was on that distinction
I
was medically insane when the shooting
occurred, but that ne knew what he was
doing and that It was wrong
/ Excitement fn Court.
/ The scene in court when Jerome made
his appeal was one Of almost unequaled
excitement Every spectator was leaning
| forward in his seat, fearful Of missing
single word. and E4ng upon the sentences
/ that fell from Jerome's lips. It was plain
/ that the district attorney was much
moved, and that Justice Fitzgerald him
self felt that the case had reached its
crisis.
As for Thaw's lawyers, a condition
bordering upon panic prevailed among
them. They were all on their feet, and
most Of them had hurried inside Of the
/ rail- where they could talk with Delmas.
/ This was the state of affairs when the
/ jury had been sent from the room in
order that Jerome might tell the. court
what he knew from his Investigations
about the mental history Of Thaw. but
which technical legal objection had kept
him from getting before the jury. This
was the thunderbolt that smote the Thsw
defense:
IF the real facts were known. 7 have
no right TO be here trying this man. II
would be absolutely prohihitive. But this
/ knowledge that I have cannot be put in
any legal form at this time. If 1t could.
/ 1t would shock the conscience of the
court and instantly this case would be
stopped
Attacks Thaw's Counsel.
But this was not all. The district at
torney. proceeded. raising his voice to
pitch that found the remetest corners Of
the courtroom, 10 level a s&sge attack
at the lawyers for the defenA.
so deeply have 1 been impressed with
this" he said. that have gone to the
extent practically of serving notice upon
counsel of record in this case that when
this case is over if my information show
ed them to have been in possession OF
knowledge which I believe exists. ] VIII
see that the matter is brought before the
appellate division of the Supreme Court.
Il feel bitterly on this because / can
not get the evidence out to lay il before
your honor In this case There Is not a
man who has watched this defendant sit
ting here at this table'-here the district
attorney turned and shook his fst at
ThaW-''who does not know that as he
sits there he is incapable Of properly ad-
vising with his counsel.
All this followed Jerome's demand that
II Or. Hamilton was To be allowed to
testify he must be allowed to tell ali that
he knew about the case, and not be con-
fined to stating whether he thought Thaw
was sane or insane when he shot Stanford
White
Gleason Gets Into Play.
Throughout the latter part of the de-
bate between Delmas and Jerome. GIea-
son had been vainly trying to poke his
nose into the fray At last he succeeded
in making an attempt to vindlcate him
IS, 'and no suggestion has ever beer
for twenty-eight years" he said. excited
Il have praoticed law in this community
unpr0fesslonai conduct
self from Jeromes implied charges Of
made to me before that my conduct
would be made the subject of an inquiry
before the Appellate division. One Of the
things that this statement, IS based upon
here is that these Witnesses sitting here
will say that Thaw is not capable Now. no
man can come iuto court and accuse ne
OF such o thing, and I ask the district
attorney 70 ask this witness whether he
viii say that
''You may ask him. said the court
Afr. Gleason thereupon whirled the
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