The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-21
GIVEN A DAY OFF.
The ThaW Jury Is Excused I'm
til Friday Morning
While Lawyers Prepare Proof
Regarding Defendants Sanity.
A LUNACY COMMISSION
May Be Appointed by Justice
Fitzgerald Then.
Taking of Testimony Comes TO
an Abrupt End.
A LUNACY COMMISSION

New York, March 21.-District At
torney Jerome yesterday afternoon
made the move which has been a
menace to the defense in the trial of
Harry K. Thaw ever since the hearing
of his case was begun nine weeks ago.
by asking Justice Fitzgerald to hear
evidence as to the appointment of a
commission in lunacy to determine the
present state of the defendants mind.
The trial was Immediately halted, the
jury was excused until Friday morn
ing and Justice Fitzgerald adjourned
court until this afternoon when he will
receive affidavits from opposing coun-
sci and determine whether a lunacy
commission shall be appointed.
Justice Fitzgerald called for every
bit of available information and an
nounced he wished to appoint no one
who had been consulted in the case by
either side. He therefore requested
counsel to submit to him list of all
alienists connected with the proceed
ings.
Thaw. who appeared pale and tired
when the days session began, turned
crimson over the exciting scenes
which attended the adjournment of
court on Mr.. Jerome's motion for
lunacy commission. He bit his nails,
assumed an attitude of dependency.
Justice Fitzgerald's radical action
changing the entire aspect of the trial
was precipitated by the Introduction
of DIR. Allan McLane Hamilton as
witness for the defense. District At
torney jerome said he would not OBJ
ject- to DR.. Hamilton's testifying, pro-
vided the defense would consent that
he should tell all he knew of the case.
Mr.. Delmas sought to have the doc
re tn 10 Wis
its he paid to Thaw. Then came the
storm. Attorney Delmas,. for the de-
tense, accused Mr.. Jerome of wanting
to exclude important testimony. Mr..
jerome replied that the defense had
prevented testimony going before the
court which would result in an aban-
donment of the trial in favor of
commission in lunacy.
Justice Fitzgerald ordered the jury
to retire and Mr.. Jerome then deliver
ed an address in which he declared
Thaw incapable of advising his coun-
sci. He declared the states experts
also were of that opinion, but in testi-
flying they had been bound down to a
hypothetical question based on insult
ficient evidence. Mr. Jerome declared
there was evidence in his own hands
and in the hands of counsel for the
defense which would convince the
court that the trial should proceed no
further.
Mr.. Delmas began a fight against
the district attorneys move, but the
matter was soon taken out of his
hands by John 3. Gleason, who de-
manded that DIR. Hamilton'S testimony
be Immediately taken as to whether
he believed Thaw incapable of advis-
ing counsel
Justice Fitzgerald allowed Mr.. Glea-
son to put the question.
Il believe" said DR.. Hamilton, that
he is incapable of advising counsel"
This seemed to impress Justice Fttz-
gerald
In this matter" said the court. AMI
upon the statement made by the dis
trict attorney 1 can not allow the trial
to proceed without first hearing all the
evidence that may be in the possession
of either side. 1 will hear this evidence
in the form of affidaVits denoSitiOns.
etc. tomorrow at 2 o'clock. The jury
will be excused until Friday morning.
If Justice Fitzgerald decides in favor
of a commission it means that the trial
viii be suspended until the commission
reports.
If the commission decides Thaw is
now insane, the trial will. of course he
abandoned, and the defendant commit
ted to an asylum.
Mr. jerome was ma1ifestly pleased
with the new turn OF affairs.
Thaw's counsel also professei to be
pleased. declaring Mr.. Jerome's move
was an acknowledgment that he was
defeated
ITS very, very fortunate Tor the de-
tense and a victory" said MI. Hart
ridge.
For a moment during the arguments
ali the lawyers were talking excitedly
at once and Justice Fitzgerald WIS
forced to rap sharply with his CAV l.
Finally Mr.. jerome made himself heard
The court has asked for all the facFs
have in my possession and L VIII will
!ngly furnish them. 1 will give them II
the form of an affidavit. 1 will also fur
nish the affidavit of Doctors Mabol and
Macdonald and If his professional
privilege is waived will have an affi-
davit from DR.. Hamilton"
The learned district attorney has
just said that this defndant is a this
moment so insane as not to be able to
instruct his counsel broke in Mr.. Glea-
son in an angry tone. and he now asks
that this man whom he has dubbed in
sane waive a privilege"
His attorneys can waive it for him
said Mr.. Jerome.
THE district attorney knows that