The Washington herald., 1907-04-03
ALIENISTS DISAGREE
Give Opposite Opinions Be
fore ThaW Lunacy Board.
THREE DECLINE TO TESTIFY
rrio of Experts Say They Have Not
Had Opportunity ia study Accused
10 Finish All Its Work To-day.
DR.. Hamilton Cross-examined.

New York, April 2.-The commission
which viii decide whether Harry X.
Thaw Is now able 10 advise with his
counsel IN a rational manner will finish
its work tomorrow. All that remains
for the commission TO do is to hear the
testimony of one or two more witnesses
ana make a physical examination OF
Thaw. This examination win be made
tomorrow morning. Only the members
Of the eommission-David Mcclure. Peter
B. Olney. and DR.. Leopold Putzel-and
the stenOgrapher will be present. Law
yers for both sides viii be excluded.
The commission held a very long session
to-day, sitting from early in the morning
until Z O'Clock this evening. Several
alienists testified for the prosecution.
Some of them swore that Thaw Is
paranoiae and, IN their opinion. ineurably
insane. Certainly he is not able to intel
ligently advise with his counsel Some Of
them formed the opinion that Thaw was
insane long before they testified at the
trial, and he knew the nature and quality
of his act, and that it was wrong when
he killed Stanford White, but they eX-
planned that there was no difference be
tween medical insanity and legal insanity
as defined in the statute and there was
no other way they could have answered
the hypothetical question framed by Mr..
Jerome.
For the defense, there were experts to
swear that Thaw is now able TO advise
with his counsel; that while he was in
sane when ne killed White, he Is now
sane, and. in the opinion of some of
them. he has never had 2aTanoia. Three
OF the defenses alienists declined to say
whether or not Thaw is now of sound
miad. on the ground that they have not
been able TO make a sufficient examina-
tion of him.
jerome scores Victory.
District Attorney jerome scored a vic
tory at the start Of the proceedings by
getting in the testimony of Dr. Allan Nc
Lane Hamilton, who at one time was an
expert for the defense Both sides went
into court ready for battle on this issue,
and it was apparent at the start that Mr..
Olney was against Mr. Jerome. Dr. Ham
ilton wanted 10 know right of II the mat
ter of personal privilege had been dis
posed Of Chairman Mcclure said that
DR.. Hamlltons examination would have
to be limited to observations since the be
ginning of the trial, but Mr. Jerome an
nounced that he. would not go on under
that understanding. Mr.. Olney remarked
that If the personal privilege was waived
it was not in the presence Of the jury 50
it didn't count
There was more argument. when Mr..
Mcclure announced that he and DR.. Put
eel had decided to hear DR.. Hamilton
That part Of Dr.. Hamiltons story has
been told before. His first examination
was two days after the shooting. Thaw
was dazed. excited. and nervous. His
face was muddy. The exami- ation was
I'm the library in the Criminal Courts
building, and DR.. Austin Flint was pres
ent. Thaw spoke of knowing his son, and
asked that a cigar be prescribed for him.
He said he had met Dr. Flint's son in
Canada where he had been and where the
hotels were not very good. He was asked
10 talk about the killing. but said;
What's the use? It's all over now"
Dr. Hamilton made another examination
the next day in the Tombs. Thaw came
into the room and refused TO talk. The
others who were there left at the request
of Dr. Hamilton. Thaw looked under the
bed and then threw himself on Il. He
said: I'm not crazy" Then he began to
talk He did not mention Whites name,
but he declared that he had done IA good
thing by killing him; that the community
would praise him, and that he deserved
the thanks OF the community for doing
"a noble act At no time did Thaw show
remorse.
DIR. Hamilton CrOss-eXamfned.
On cross-examination. Lawyer Hartridge
tried 10 show that DIT. Hamilton only had
one idea in his mind-to get Thaw 30
Matteawan Dr. Hamilton said he told
Mr.. Jerome last summer that he believed
ThGW was insane. He was not violating
the confidence of his patient then, as lie
had the consent Of ex-Judge Olcott, of
Thaws counsel. He also told some news
paper men that he believed Thaw was in
sane, but he was violating confidence
then-it was similar to trying to save "A
man from suicide-and he did not think
that ThaW was being properly defended
DR. Hamilton said he got a retainer in
the case, and then withdrew from it. He
started suit, but stopped the action when
the trial began Then he got some money
but he considered il was on account of
what was owed TO him, Witness, reply
ing 10 a question as TO whether he thought
he was helping Thaw now, said he was
helping the defendant and the community.
Dr. Hamilton swore that Thaw was not
capable Of advising his lawyers.
Chairman Mcclure took up the examina-
ton, and his questions seemed to indicate
that he felt that Thaw had good reason
To believe that his counsel and others.
including DR.. Hamilton, felt that he ought
TO be in Matteawan
There We're several other witnesses ex-
amined during the morning session. Thaw
did not seem pleased with DR.. Hamiltons
testimony. His wife was the only woman
ftaF~ of