Waterbury evening Democrat., 1907-03-21

son as one by one his attorneys left him to rally to the support of MT. Delmas. who, however, in the midst of the proceedings was superseded by Attorney John R. Gleason. Thaw bit his nails, opened and closed his hands nervously and finally sank down in his chair in an attitude of utter de- Jection.
 The climax of the nine weeks trial was precipitated by the action of the defense In calling to s1s stand Dr. Allan McLane Hamilton. the distin- guishsd alienist. who was first called into the case by Thaw's original law yers. Messrs. Black. Olcott. Gruber and Bonynge, but who was dismissed, together with them. when he reported that Thaw was suffering from form of paranoia which might never be cured. It was the intention of Mir. Delmas to interrogate Dr. Hamilton only with reference to four visits he made to Thaw in June and July last. Mfr Jerome promptly objected to this course. He said If Dr. Hamilton was to testify at all he must tell everything he knew in connection with the case, including the defendants family his. tory.
 The argument which ensued became so pertinent to the question of the pres. ent sanity or insanity of the defendant that Justice Fitzgerald ordered the jury to retire from the room Then the dis. cussiOn took on broader range. which resulted in the courts determination before proceeding further to have pre- sented to him tbe facts which the dis trict attorney asserted, had been with held from the jury by the defense and which he had been unable to give to the court in strictly legal form.
 If the real facts were known" de- clared Mir. Jerome. T have no right to be here trying this man for his life. But the knowledge I have cannot be put in legal form before the jury. It is mostly hearsay. But if could get the facts before you they would shock and horrify the conscience of the court and instantly this case would be stopped. So deeply have been impressed with this that have served notice upon the counsel of record that if when this trial is concluded find that they were in possession of facts which I believe to be in their possession shall call the matter to the attention of the appellate division of the supreme court. feel very bitterly about this matter.
 'There is not man who has watch ed this defendant sitting here at this table that does not know that as he sits there he is incapable of advising counsel Thus under the statutes it becomes the duty of the court to stop the proceedings"
 Mir Delmas began to fight against the district attorneys move, but the matter was soon taken out of his hands by John B. Gleason. who opened the case for the defense at the beginning of the trial. Mir. Gleason demanded that Dr. Hamilton's testimony be i'm medi.tely taken as to whether he be- lieved Thaw incapable of advising counsel.
 Justice Fitzgerald allowed Mir. Glea- son to put the question.
 .I believe" said Dr. Hamilton. ''that he is incapable of advising counsel"
 "Didn't you tell me recently that you thought he was capable of doing so" asked Mir Gleason.
 AT snIy hn wit ness.
 This seemed to impress Justice Fltz- gerald.
 "My conscience has been appealed to in this natter" said the court. 'and upon the statement made by the dis trict attorney I cannot allow the trial to proceed without first hearing all the evidence that may be In the possession of either side. will hear this evi. dence in the form of afidavits, deposi- lions. etc. The jury will be excused until Friday morning"
 Justice Fitzgerald said the defense need not be afraid of any inquisitorial proceedings. He would act fairly and impartially in determining whether or not, in his judgment. commission in lunacy is demanded.
 If Justice Fitzgerald shall decide in favor of d commission. 1t means that the trial will be suspended until such time ns the commission may report. If the commission decides Thaw 10 now insane. the trial will of course be abandoned and the defendant commit. ted to a state asylum. If the commis- sion believes Thaw is sane at present, the trial will be resumed.
 District Attorney Jerome was mani- festly pleased with the new turn of affairs. Thaw's counsel also professed to bs pleased. declaring Mir. Jerome's move was an acknowledgment that he was defeated.
 When the trial adjourned Messrs. Hartridge and O'Reilly of Thaw's counsel professed the greatest pleasure over the turn of affairs.
 "The district attorney has acknowl- edged himself beaten." said MT. Hart ridge. We can combat the lunacy commission. In the meantime the dis trict attorney has acknowledged that he believes Thaw was insane when he shot Stanford White. That ought to give us an acquittal."
 When Thaw reached his cell fin the Tombs. he began to write at furious pace. saying he was preparing state ment to be submitted to the court.