The Washington herald., 1907-03-21
CRISIS IS REACHED
IN TRIAL OF THAW
coNrNUED FROM FIRST PAGE.

boomerang around his head and launched
It at DR.. Hamilton
''Dr Hamilton. said he, Il desire 10
ask you, whether, in your opinion at the
present moment, this defendant Is incapa-
bic Of insuucting his counsel?'
II think ne is, said DR.. Hamiltoq,
shortly
Mr.. Gleason 5linked d moment, but re-
turned to the charge.
Have you made any such statement 70
his counsel?" he asked.
II have" came the answer.
at what time did you make that state
ment?"
Several months ago.
8Ir Gleason ehoked up, but he recov-
erred himself and gave the boomerang "A
hnai swing.
did you ever make any such state
ment to ne?
Il did, said DR.. Hamilton.
Did you not state 70 me. sir. that in
your opinion the defendant was probably
able to instruct counsel, and that you
would so testify?'
Il made no such remark, replied the
witness. calmly.
Did YOU not state 10 me. sir" per
sisted Gleason, while the entire court
room grinned that you would testify
that the form Of insanity from which the
defendant was suffering was one from
which, according to reliable authorities
the defendant might recover?"
! Il did not" said Dr. Hamilton. Il told
YOU that per cent of them might re-
cover
Gleason VIII Not Down.
The boomerang had returned; but
Gleason. though obviously Jared. was not
crushed
4 desire to state, said he. that in my
opinion the defendant has been able at
an times to instruct counsel. and in my
opinion counsel acted under the honest
belief that the defendapt was sufficiently
able to instruct counsel TO entitle him to
do so"
The. court said any affidavit. from
Gleason would be considered. and that he
did not think Jerome desired to make
any aspersiOn upon Gleason.
jerome explained that he made no
definite charges against any OF ThaW s
lawyers, and there the matter dropped.
Consterna t4all reigned among Thaw's
lawyers while Gleason was interrogating
Hamilton. Any outsider would have
thought they considered him 10 be making
ished his speech. and was still making his
statement all the other five lawyers en-
plOyed by the defense picked up their
papers and walked out Of court, leaving
him most pointedly alone.
After court had adjourned Daniel
/ O'Reilly. CT counsel for the defense. was
asked, Ia the presence Of Delmas. if il
was by concerted agreement OF counsel
that thes bad left the courtroom while
/ Gleason was still talking.
~ certainly was" said O'Rehly.
D mas was asked If the report that
he was to leave the case was correct
Before he could answer. OReIlly. who
seemed 10 have been selected as speech
maker, replied:
Gleason ROundiy scored.
Mr.. Delmas is not out Of the case. He
has been and viii continue 10 be chief Of
counsel So far as Mr. Gleason is CON
cerned, ] speak by authority when I
say that his voice will not be heard again
in court during the progress Of the trial %
/ OReilly expressed the opinion that a
I commission in lunaey would surely be
appointed Hartridge would not go as
/ far as that but they agreed that the
/ commissiou. il appointed, would certainly
report that Thaw was legally sane az the
present time, because # could be shown
I that ThaW is perfectly able properly 10
advise his counsel
Il have just come from the Tombs %
said Hartridge, ''and ! never saw Thaw
F looking better. Ia nay opinion, the dis
/ trict attorneys action to-day was con-
/ fessi0n OF weakness He knew that he
could never convict the defendant and
/ he just threw up the sponge.
/ It was learned that Thaw vas not en-
thusiasuc over what happened In the
courtroom this morning. He certainly
appeared anything but pleased when he
arose and tucking his portfolio under
his arm. strode up the aisle and through
the pen door. His face was white and
his lips were twitching nervously. II
was reported that he believed that a
/ serious error had been made in putting
Dr. Hamilton on the stand.
Jerome OutNits Defense.
1t now appears that when Delmas put
Dr. Hamilton on the witness stand he
did so with the intention OF confning his
examination entirely TO the witness Opin-
ion Of Thaw's mental state at the time
he shot Stanford White. and that he be-
/ lieved that the entire cross-examinatlon
would not be allowed to exceed the limits
of the direct He reckoned without the
district attorney, apparently. for Dr.
1 Hamilton's examination had not proceeded
very far before Jerome broke loose with
his demand that the witness be allowed
to tell everything he knew and believed
about Thaw. or nothing at all
After some wrangling between the
counsel for defense and Jerome. Delmas
got a recess to confer with his colleagues.
and when court recouvened he said it had
been determined 10 accept Jerome invita-
tion.
Jerome later asked that the jury be sent
I from the courtroom, and when this was
done, said:
'I- understand that DR.. Hamilton. if al
! lowed to testify in full and bring in facts
! in regard to the fa1,liiy history of which
he is fully Informed, would express the
opinion that Thaw was insane when he
killed Stanford White, and that as he sits
at that table he Is now insane. and that
counsel ought to have that thing in
quired into, since that man is on trial
for his life
Judge Wants Information.
Justice Fitzgerald said that he wanted
all the information on the subject that
was obtainable, whereupon Jerome said
he wanted TO get in the testimony of Dr.
Bingaman. Thaw's family physician,
which he had been prevented from doing
by Delmas objections when Bingaman
was on the stand
1t was only when Dr. Hamilton was
! called to the stand. Jerome said, that he
saw an opportunity to get this evidence
legally before the court. Delmas then
waded into the scramble.