The Montgomery advertiser., 1907-03-22
DOCTORS SAY THAW IS CRAZY Jerome Presents Affida-
 wits to Court. JURY WAS NOT PRESENT No Further Action by Judge Until
 Saturday. DeInss was on Hand and Declined to Waive Any Privilege sf Client
 All Depends on FftE-
 gerald.
JURY WAS NOT PRESENT

New York, March 2f.--District Attor- ney Jerome today presented to Justica Fitzgerald eight affidavits in support of the suggestion he made yesterday in the case of Harry K. Thaw. that the defendant is now in such a stats of funacy or insanity as to be incapa- bie of understanding the pvoeeedfngs against him or making his defense
 The court was in session for less than an hour.
 Mir. Delmas for the defense stated that their answer to the District Att torney's propesition was not ready Justice Fitzgerald allowed both sldas until Saturday afternoon at o'clock to file such afIidavits as they desired with the Clerk of the Court. There will he no further hearing in the mat~ ter of the appointment of Iuna1x commission unless Justice Fitzgerald so directs. after considering such afal~ davits and exhibits as are to be of- fered.
 Neither the jury nor Thaw was in court today, the jury having been ex- eused until tomorrow morning at to:se o'clock. There will be brief session at that time and formal adjournment until Monday morning announced. By Monday Justice Fitzgerald is expected to be ready to announce his decision.
 District Attorney Jerome pleaded te~ day for permission to examine Dr. Al- Ian McIane Hamilton orally. but in tho absence of a waiver of professional privilege on ths part of the defensss Justice fitzgerald said he woula not allow the doctor to bn examined xuk~ ak k44F1m added significantly that he would taka judicial notice of everything which had been adduced in evidence during th@ nine weeks of the trial. Dr. Hamaitony it will be remembered, on yesterday testified that in his opinion Thaw tH not ct present capable of directing htz defense. This question was pat te Ers 1 Hamilton by Attorney Gleason rf tha, defense and Mr. Jerome nev' ] that the defense thus waivee | ter of professional privilege. CouIda't Qaestfon Hami The refusal of Justice Fits d l allow Dr. Hamilton to be tnt E@f | in the proceedings to enliS i conscience of the court as tc F in appointing commission ol rE | a resumption of the trial
 preted in various ways by
 court today. The attaches of 97- 1 trict Attorneys office were irslisasi t1 | the belief that Dr. Hamiltor r @ ! already stated his opinion e s@ l Fitzgerald, the latter deenle tar | necessary to precipttate an argument as to the walving of professional pKixf- l lege. The defense seemed inclined tu the view that Justice Fitzgerald had held Dr. Hamilton's evidence could not be taken into consideration and that consequently the District AttorneEfH position was materially weakened. Dr. Hamilton was first called Into the casa l by ThAw's lawyers. and 1t was while he was in their employ that he had made his examination of the defend- ant
 Under the law he cannot testify un- less there is an express waiver by the man who was his patient
 Mir. uerome's affidavit. submitted to- day, embraced the opinion of his seven | experts who have heretofore testified. and a statement by Irving S. Cobb. a newspaper reporter. who gave the text of the statement which Thaw tssu81 at the conclusion of Jeromes cruss- examination of his wife
 Mir. Jerome, in presenting his afiida- 1 wits. called particular attention 70 the one signed by Dr. Carlos F. Macdonald. | who. after recittng what he has witt messed in court, his observations ek 1 Thaw immediately after the tragedvs and what he has learned as Co epilep&y and insanity In various branches of the l InaW IAfnlly, dGCiHTeQ L0bI ltt iS MkHtt&N | convinced that Thaw is suffering from | paranoia, and while he knew enough | to realize the nature and quality of his act when he shot and killed White. he is now and for some time past has been
 incapable of understanding tho pros ceedings against him
 Amdavft of Reporter.
 The reporter Cebb, in his aftidavib sets forth the facts connected with 1 Thaw's dramatic manner of issuing hts statement concerning Mir. Jerams's | cress examination of Evelyn ThRws All | these facts were narrated at the tifua the insisteuce of Thaw that tho res porter should sign and seal an envei- ope containing the original of tha statement and compare the original with the typewritten copies which wera subsequently handed to him for dietFi- button among the other newspaper man at the trial.
 District Attorney Jerome occupied most of the time the court was in ses- sion today in a personal explanation oE the reasons which had hindered hina from earlier calling sthe attention of tho court to Thaws present state of mind. He said he had long been convinced that the defendant was of upsound mind but he had no way of legally bringing the matter to the attention cg the court until Dr. Hamilton was piIt on the stand by the defense. MT Je- rome said he could not have called pr, Hamilton on Q professional privilege which the defense would have inter- posed as a part of any testimony kha export might have to offer
 Mir. Delmas declined again to waive any privilege with regard to Dr. Ham ilton on the ground that if the Distriel Attorneys contention as to the present insanity of the defendant is sound. hla lawyers have no right to waive any- thing for 1unatic.
 It he'd been rumored all day that Nr. pelmas would not be In court this af- ternoon because of the attitude as- sumed by some of his associates yestar- day All ths attorneys were present. however, when Justice Fitzgerald took his place on the bench.
 Mir Delmas alone was heard by Jus tlce Fitzgerald. Twice MT. Harkrfdgs attempted to enter the argument hui ! raa I. 4.aar