The free lance. (Fredericksburg, Va.) 1885-1926, 1907-03-23

had COuSlutlCQ All the ldtlN III ''llil''
ton with the case that Thaw was of
unsound mind Mr.. Jerome dramati-
cally accused the counsel for the de-
tense OF concealing testimony whlcM.
il presented to the court. would make
the continuance of the trial "a crime.
SO earnestly did he plead that Justice
Fitzgerald dismissed the jury uu,l
Friday morning. and viii consider
whatever evidence either side has Ia
offer and decide whether the trial shall
10 on or whether commission IN
mnacy shall be appointed TO pass ON
Thaw's mental condition
Defense Taken BY Surprise.
Thaws counsel seemed taken mt
terly by surprise This was expected
TO be the last day OF the trial eXcep,
for the summing up before the jury
Soon after the three-cornercd discus
sion among Justice Fitzgerald District
Attorney jerome and MI Deimas be
gan. Thaws five other attorneys gath
cred one by one around the judge s
desk. and for time seemed intent
upon denying what the court had
termed the charges of unpruiessi0nal
conduct brought against them by tie
prosecuting officer.
Thaw. detected sat deserted M his
counsel table. He had seemed un-
usually pale and somewhat haggard.
having complained OF fatigue and rest
lessnoss. When the district attorney
and Mr.. Delmas began their usual
skirmish soon after the trial started.
Thaw spirits seemed 20 brighten. and
he laughed in good humor at some Of
the passages-atarms.
A. the argument began to take on
a more serious phase. however. the
prisoner SAT deeply concerned lie
flushed crimson as one by one bis a.
torneys lett him 10 rally 10 the sup
port OF Mr.. Dc.mas. who however in
ihe midst of the proceedings was SIZE
perceded by ATTORNEY John b Glea-
son Thaw bit his nails. opened AMI
closed his hands ncryOusly and finally
sank down i'm his chair tn an attitude
OF utter detection. In a. adjoining
room. where they could hear the OK
cited and upliued voices of counsel!
wranglng one with the other. stool
Mrs. William Thaw. the mother and
EVELYN Nesbit Thaw. the wife. who
had barred the secrets OF her soul in
the effort 10 save her husband from
the electric chair and from the fate
which he declares he breads more
mad house.
The climax of the nine weeks trial
was precipitated 10y the action of the
defence in calling 10 the stand Dr.
Allan McIane Hamilton. the alienist
who vas first called into the case by
Thaws original lawyers Messrs.
Black Oicott. Gru5er q Bonynge but
who was dismissed, together with
them. when he reported that Thaw
was suffering from a form OF paranoa
which might never be- cured.
1t was the intention OF Mr.. Delmas
10 intcrrogate IN Hamilton only VITA
reference to four visits he made To
Thaw in June and July last Mr.. Je-
rome promptly objected to this course.
lie said if Or Hamilton was TO testify
at all be must tell everything he knew
in connection with the case, including
the defendant family history
The argument which ensued became
60 pertinent to the question OF the
present sanity or insanity Of the de-
PENDANT that Justice Fitzgerald or
dered the jury to retire from the room.
Then the discussion took on that
broader range which resulted in the
courts determination before proceed
ing further TO have presented to him
the facts which the district attorney
asserted had been withheld from Tie
Jury by the defense and which he had
been unable to give to the court IN
strictly legal form
Jerome's Astounding Statement.
Of the real facts were known d.
clared Mr. Jerome, Il have no right
to be here trying this man for his lit.
But the knowledge ! have canno, b
put in legal form before the jury. II j.
mostly hearsay. But if | could get tie
facts before you they would shock and
horrify the conscience of the court
and instantly this case would b.
stopped. So deeply have been I'M
pressed with this that ! have served
notice upon the counsel of record that
if. when this trial is concluded. find
that they were in possession OF facts
which | believe to be in their posses
sion. | shall call the matter TO the at
tention of the appellate division OF the
supreme court I feel very bitterly
about this matter There is not man
who has watched this defendant sitting
here at this table that does not know
that as he sits there he is incapable
81 advising counsel Thus. under the
statutes. it becomes the duty of the
court to stop the proceedings
Mr.. Delmas sought to have Mr.. Je-
rome place himself on record as for
mally applying for a lunacy commits
sion. but the district attorney would
only repeat that he was directing the
~ 20 ff..