Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-20


replied:
Il make no formal application of any |
kind. 1t is the first time that l have been
able to get before the court matters which |
might call for the courts action. That |
being so, FIVE minutes examination of DR.. |
Hamilton will show that the defendant as
he sits there In the chair is insane"
Thaw Much Excited.
The declaration of the attorney took the
members of Thaw's legal staff full aback.
Those sitting at the counsel table walked
back and forth between their chairs and
where Mr.. Delmas was sitting inside the
rail. During the early part of IT. Jerome's
argument Thaw continued to smile and APP
peared TO be busying himself with some pa
pers. When, however, the district attorney
got into the serious part of his address the
prisoner began to look worried and talked
excitedy with Dan O'Reilly, who sat near
him His face was very pale toward the
close of Mr.. Jerome's address
The district attorney sad he would pre-
pare affidavit fer presentation to the
court tomorrow embodyiag all the facts in
his possession that called for the considera-
ton of the court. Justice Fitzgerald said
that he was bound to take into considera-
ton facts as presented by the district at
torney because the prosecutor was bound
by his solemn oath of office. MI. Jerome
the rights of DR.. Hamilton as a physician
would be waived. and it was in reply to
this that Mr.. Delmas made the only hard
argument against his opponent.
THE district attorney" said Mr. Delmas
"h2d declared in an emphatic way that the
defendant is insane and now he asks this
defendant to waive some of his rights If
he is insane he can waive no rights and
his counsel cannot waive them for him. !
Mr.. Delmas insisted that it was strange |
that the first steps taken by Mr. Jerome in |
this direction We're taken when the defense |
had put on the stand witness who had |
seemed TO enlighten the court more than
any person to the mental condition of |
the defendant
Opened With a Surprise.
The Thaw trial opened today with a de-
cided surprise. Attorney Delmas, for the
defense, withdrew the offer of the letter
which he wanted to pat in evidence yester-
day afternoon, written by Harry Thaw to
j. Denniston Lyon, a banker of Pittsburg.
Following this, Mr.. Delmas turned 70 the
clerk and said:
Call DIR. Allan McLane Hamilton
DIR. Hamilton at once took the stand He
is the alienist who been under sub
poena by both the defense a. l the pros
ecution at various stages of the trial. Dr.
Hamilto& has stated the belief that Thaw
net onSy2Sas insane when he shot and killed
Stanford White, but has remained So He
does not appear as IN employee of either
prosecutiSp or the defense, he has publicly |
declared, nut has held himself ready 10 take
the stand at any time and give impartially
tn" results of the examinations he made of
the defendant shortly after the tragedy. At |
that time he was engaged by the attorneys |
for Thaw. but when Judge Olcott left the |
cas- DIR. Hamilton also withdrew
Dr. Hamilton. after qualifying as dn ex-
pei under Mr.. Delmas questioning said |
that. with other aienists he had seen .rhaW |
soon after his incarceration
Had a Medical Examination.
vas there any medical physical ex-
animation at that time?" asked Mr.. Del |
mas
There was medical examination as far
as it went replied Dr. Hamilton.
What was that examinations
Mr.. jerome at once objected
This is a reopening of the whole case"
he argued. DR.. Hamlton's evidence has no
place here. 1t belongs in the chief and not |
in rebuttal. DIR. Hamilton has been here
all the time and could have been called at
any time
THE district attorney replied Mr.. Del
mas, has on several occasions called your
honor's attention to the fact that he is a
quasi judicial officer. He has no right to
come in here now and attempt to shut out
the truth in
THAT is not so'' broke in Mr. Jerome
IF the objection is made that ground l |
will withdraw my objection. am perfectly
willing to reopen this whole case and let
all the truth go in, provided the defense is
willing to allow the whole truth to come out
on cross-eXamination. But if it is the pur-
pose TO bring out only part of the truth l
shall certainly object"
No Stipulations to Make.
81 have no stipulations to make with the
district attorney said Mr.. Delmas. ~
Then it is you who do not want the truth
to come out" said Mr.. Jerome.
Mr.. Delmas went on to argue that the
district attorney had himself subpoenaed
DIR. Hamilton.
Certainly l did," said the district at
torney. Il have subpoenaed Mrs. Thaw
and dozen more witnesses whom l have
not called. l subpoenaed them that they |
might be here If wanted, whether by my |
self or by the defense"
MIR. Delmas insisted that Mr.. Jerome had |
definitely promised to call DR.. Hamilton |
and had failed to do SO.
He has not redeemed his promise to |
your HONOR said Mr.. Delmas, when he |
was invoking rule from you by declaring |
he would call DR.. Hamilton We propose |
to prove by this impartial witness tina, |
when this alleged crime was committed |
this defendant was insane and could not |
know the nature or quality of his act or |
that the act was wrong
Counsel in a Squabble.
Mr.. Delmas called attention to the fact |
that James Clinch Smith was allowed to |
testify as a matter of discretion after |
the prosecution had closed its case in chief |