The Montgomery advertiser., 1907-03-31

.T be9 your honors' pardon" said Mir. Hartridge to the commission and sas
 Chairman Mcclure gave him pernhis- sion to continue and Mir. Delmas de- clared that throughout the trial Thaw had shown an excellent conception ot the law ana had been keenly alive to his rights and interests and had pass. ed him many notes. These notes ne said had made a part of the anidavit to Justice Fitzgerald and the notes had been placed before the commis- sion.
 ..He has always consulted with one or more of hls counsel as to every phase of the case has he not?' asked Mr. Hartridge after the commission had copciuded examination.
 belief he has said Mir Deimas.
 And his suggestions as to the con duet of the trial have been good have they not?" asked Mr. Hartridge.
 His advice has not always been good' said MT. Delmas, land has not always been followed, but his reasons tor the advice were excellent from layman's point of view District Attorney Jerome declined to cross examine Mir. Delmas.
 Mir. Hartridse himself then took the stand. He did so voluntarily, the com mission saying it would not require any of the attorneys to give evidence. Mir. Hardridge said Thaw had taken lively interest in the trial proceedings from the first and had made valuable suggestions from tiHe to time. Jerome Cross K1xamines. MT. Jerome decided to cross examine Mir. Hartridge and asked "Did not this defendant repeatedly during his trial ask permission and express the desire to his counsel to address the court either orally or In wrii.ag7"
 T cannot cay repeatedly" replied Mir. Hartridge.
 'Did he ever express these desires 70 address the courtT'
 "I can't say that he did"
 Were you so informed by associate l counsel?'
 Attorney Gleason objected to this and was sustained.
 District Attorney Jerome dropped | his arms to his side and said: | 'I can do no more" After MT. Hartridge had testified, l Chairman Mcclure said he did not think | the remaining counsel need testify. | 'sfsight here" interrupted District Attorney Jerome, T. would like to be advised as to what sort of evidence this i commission desires from me. I must
  ] perts here who are costing me $500 a l day every day they are under subpoena. | They are ready to testify before you"
 we are here." said Chairman Me- | Cure, mot to decide the past or future condition of this defendant, but must oonhne ourselves to his present con Edition. As to the burden of proof. 1t
 rests on you as you made the sugges- | ton on record that the defendant was incapable of understanding the pro- l ceedings against him or of advising with counsel"
 | "Will your honors advise me-" asked Mir. Jerome to the commission, "wheth- CT or not you will receive any expert l testimony"
 piled Chairman Mcclure, provided 1t Is not too remote"
 eI have in my possession" replied | Mir. Jerome. "a group of facts which
 seven scientific men will swear that tlass l defendant is not now capable Of under | standing the nature of the proceedings I against him or of rationally advising | his counsel can prove these facts on which they will base their opinion beyond a shadow of doubt, most of
 them having come from the mouths of I the defendants own witnesses. Thaw's Ablest Atfenists.
 "Your honor will observe that no | affidavite as to Thaw's present sanity were filed in this case by Drs. White, | Pilgrim and Gregory, the ableBt of the aiienists employed by the defense.
 All of the allenists placed on the stand 1 carefully avoided testifying as to the
 condition of this defendant. The phy-
 sicians who examined Thaw in the
 Tombs have scrupulously kept away from him since last September or Octo-
 Der. The last word we have from him