Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-22
The Courts Explanation.

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ridge had attempted to be heard.
The Courts Explanation.
81 understood he continued, that he
had something to say in the matter Of the
time of adjournment and 1 did not allow
him to proceed 1t occurs to me now that
he may have desired to make a statement
with reference to the district attorneys re-
mark that he had served notice on the
counsel of record that if they possessed In
formation he believed to be In their pos
session he would call the matter to the at
tention of the appellate division. l will
hear Mr. Hartridge now if he so desires.
Before Mr. Hartridge could reply Dis
trct Attorney Jerome himself arose to
make a statement.
81 did not mean to charge Mr.. Hart
ridge with unprofessional conduct" said
the district attorney, but 1 stand on what
l said that If 1 find at the conclusion OF
the trial that they had possession OF
knowledge which would lead one to believe
they had persisted in trying a man in
capable of understanding the proceedings
against him l would take the matter up.
If my remarks were construed as charging
unprofessional conduct l was simply I'M
fortunate in my expression
Mr.. Hartridge said:
The district attorneys remarks were
given the widest publicity and l did want
to have an opportunity to reply. What he
said to me was in the course of private
conversation at which no one else was pres
ent 1t was only a suggestion that if any
thing developed in the line of what he has
pointed out he would take the matter up.
Question of Opinion.
Il replied to Mr.. Jerome by telling him
that If he thought our client was insane he
should come out and say so. He answered
that there was a big difference between an
official opinion and an unofficial opinion;
that if he was convinced officially that
Harry Thaw was insane he would come out
and say so. He also said that we ought
not to suppress any testimony which would
tend to shed light on the defendants pres
ent mental cOnuitlon toiu iliiii VIC "eie
not hiding or suppressing anything. He
wanted to know what we intended to do
with regard to the testimony of DR.. Binga-
man and Dr. Deemar, the Thaw family
physicians. and asked If we would permit
him to examine them in his office. / said
We had not the slightest objection so long
as l could be present at the examination.
Ruled Out on Technical Grounds.
This examination took place, and it was
our understanding that anything the ply
sicians said was to be presented to this
court. We tried to get the testimony of
these physicians before the jury at the be-
ginning of this trial, but it was ruled out
on technical legal objections interposed by
the district attorney. When these doctors
went back to Pittsburg it was the express
understanding, announced in open court,
that they would return whenever the dis
trict attorney desired them.
That is all that was said with regard
to the suppression of testimony. Now your
honor will see that instead of suppressing
the testimony of these witnesses We brought
them here, placed them on the stand and
at last went to the extreme of allowing the
district attorney fully to examine them in
his private Office
Mr.. Jerome said he had nothing more to
say at this time and court adjourned.
BY 2 o'clock tomorrow afternoon the at
torneys for the defense must file affidavits
with Clerk Carroll in the criminal court
building, answering Mr.. Jerome's assertion
and his affidavits. The district attorney has
not formally moved the appointment of a
commission to examine into Thaw's present
mental condition, but has left 1t to the
conscience of the court, as he expressed
1t on Wednesday, to decide whether the
case shall go to the jury, so Justice Fitz-
gerald will consider the affidavits submit
ted by each side and inform all the counsel
when to appear In court to hear his de-
cision.
He may do more than weigh the contents
of the affidavits, for he may call for more
evidence before he makes up his mind what
procedure is advisable. In particular, he
may seek the opinion of DR.. Allen McLane
Hamilton, the alienist who when called to
the stand by the defense on Wednesday
evoked District Attorney Jerome's strong
statements as to Thaw's mental state, and
brought about the present condition of the
case. Should Justice Fitzgerald do this, the
defense, 1t is certain, will strive to bar Dr.
Hamiltons testimony on the ground of pro-
feSSional privilege, lnaSmuch as ne was
engaged by the defense to examine Thaw
and did so shortly after Whites tragic
death In all this the jury will have no
part
Preparing More Affidavits.
notwithstanding District Attorney Je-
rome's belief that Thaw is a paranoic and
the corroborative opinions of the state 8
alienists that he is practically incurably
insane the defense will make determined
effort to combat the appointment of lun-
acy commission or his going to an asylum.
His five lawyers met at the office of Dolphin
NJ Delmas last night and made plans to-
ward this end Their affidavits are now be-
ing prepared. These will consist of sworn
statements by several of them that they
have found Thaw fully capable Of advising
them, and sworn statements by some of the
prisoners relatives to the same effect Be
sides these. there will be affidavits by alien
lists retained by the defense probably Drs.
Evans, Wagner and Hammond, which will
set forth that they have sat in court beside
Thaw for several weeks, have talked with
him freely and are convinced that he is
quite competent to confer with his counsel
as TO his welfare in the case.
Commission Of Three Members.
number Of letters to his counsel since
the trial began also will be submitted to