The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-31

from the first and had made valuable
suggestions from time TO time.
Mir. Jerome decided 10 cross examine
MIR, HartrdCe. and asked:
did not this defendant repeatedly dur
Ing his trial ask permission and express
the desire 10 his counsel TO address the
II cannot say repeatedly replied Mr..
Har;rdee.
Did he ever express the desire to ad-
dress the court?''
II cannot say that he did
We're you so informed by associate
! Attorney Gleason objected to this and
District Attorney Jerome dropped into
tho chair. saying:
Il can do no more"
After Mr.. HartridGe had testified.
Chairman Mcclure said he did not think
the remaining counsel need testify.
Jerome Is All At Sea.
Il would like to be advised as to what
sort OF evidence this commission desires
from me-. interrupted Mr.. Jerome. II
must confess j am all at sea. | have eN-
perts who are costing me $500 day
every day they are under subpoena. They
are ready to testify before YOU"
we ,aT,3,l are here Mr. JeTome' said Chair
future condition of the defendant. but
must confine our services 10 his present
condition. As 10 the burden OF proof. it
rests upon you. as YOU made the suggcs-
tton on record that the defendant was
incapable of understanding the proceed
ings against him or Of advising with
counsel
"Wm your honors advise me-" asked
Mr.. Jerome. whether or not You Will re-
ceiye my expert restiomny2"
we will hear expert testimony re-
Piled Chairman Mcclure, provided 1t Is
not Too remote
II have In my possession" resumed
Mr. Jerome, "a group OF facts on which
seven scientific men VIII swear that this
defendant is not now capable OF under
standing the nature of the proceedings
against him or of nationally advising with
your honors Will observe that no ar
ndavits 20 Thaw's present sanity were
filed In this case by Drs, White, Pilgrim
and Gregory
Chairman Mcclure again interrupted
Mr.. Jerome by saying the commission
would he glad 10 hear any experts who
could testify as To Thaws present sanity
or insanity.
But they can't testify as to facts"
said Mr.. Jerome. But ] can give them
facts on which they can base an opinion.
own intelligence by reading the papers on
which ] based my suggestion as TO Thaw's
present condition. IL you would do that
Those affdavits you filed" said Mr..
Mcclure. were solely to inform the
court and Its conscience. and were not
intended to establish actual facts"
But YOU will not even look at the
letters of this defendant which were sent
here from Pittsburg and which are I'm
the possession of the clerk OF the court"
said Jerome.
You know that those letters are not
In evidence" said Commissioner Olney.
Il know that they are" said Mr.. Je
rome. "and whether they are relevant or
not. the law provides that they can be
used for comparison with other writings
by the defendant"
Eve have not taken that view of the
matter. said Chairman Mcclure.
Mr.. Mcclure asked Mr.. Jerome upon
what facts his experts could ofier an
opinion as to Thaw's present condition.
Mr.. Jerome replied that they would base
their opinions partly upon the writings
OF the defendant, partly upon their oh
servations Of him In court and partly
upon testimony they had heard out OF the
mouths OF the defendants own witnesses.
1--WE will receive such evidence" said
Chairman Mcclure.
Chairman Mcclure then announced
that the commission would stand ad-
journed until next Tuesday morning az
1880 The Thaw jury is under orders
to report in court on Monday morning,
when they will again be excused for sew
eral days by Justice Fitzgerald