Watertown weekly leader. [volume] (Watertown, Jefferson County, Wis.) 1906-1908, 1907-03-22
fitzgerald AGAIN
POSTPONES TRIAL
LAWYERS IN THAW TRIAL GIVEN
MORE TIME TO SHOW PRES
ENT MENTAL STATE.
ALIENiSTS SWEAR HE
is PARANOIA VICTIM
Seven State Experts Sign Affidavit
That Slayer of Stanford White Is
a Menace to Society and Should
Be Confined.

Idk Slayer oI STANFORD write is
Menace to Society and Should
Be Confined.
New York. March 22.-The Thaw
hearing to decide the question of a
lunacy commission for the slayer of
Stanford White was adjourned until
this morning, when the jury will
again be excused until Monday. JUS
tice Fitzgerald allowed both sides un-
til Saturday afternoon to present ad-
ditional affidavits.
All of Harry K. Thaws attorneys,
including Messrs Delmas and Gleas-
on, were in court at the time set by
Justice Fitzgerald TO hear atfidavits,
dispositions, etc, III support of District
Attorney Jerome's suggestion that
Thaw is at present i'll no fit mental
state to be on trial for his life.
AIienists Hold ThaW Incurabie.
Mr.. Jerome brought into court with
him the affidavits of his alienists to
the effect that Thaw is suffering from
an incurable form of paranoia and at
present is unable to advise his coun-
sci aud realize the nature of the pro-
ceedings against him Six of the alien
lists in their af1idaVits declared that
ThaW was suffering from a form of
paranoia, that he should not be dis
charged from custody, that if he
should be discharged he would be dan
gerous to public peace and safety and
that it is reasonably certain that he
will not recover. The seventh alien
ist, DR.. Hirsch, agrees with his col
leagues except that he declared that
Thaw cannot possibly recover.
Justice Fitzgerald arrived at 2:06
p. m. and took his place on the bench.
He said that Wednesday afternoon the
district attorney had suggested to the
court that if the real facts were known
he would have no right to be in court
trying Harry Thaw for his life Jus
tice Fitzgerald said he was prepared
to hear what either side had to offer.
After presenting his af1idavits, Mr..
Jerome said he wished to make a
statement of his position in order to
clear himself of any suspicion that he
has been in possession of knowledge
which had been withheld from the
court
Your honor may have gathered
from my remarks Wednesday" said
Mr.. Jerome, that it was my personal
opinion that Thaw is and has for
some time been of unsound mind"
J,,1
tice Fitzgerald.
HamiIton's Information important
at has long been my personal opin-
ion," said Mr.. Jerome, that Thaw is
of unsOund mind. But the court did
not want my personal opinion. The
court had to have something tangible
before it could act. Likewise, / was
bound by my oath only to act when
I had something to act upon. That
opportunity was not presented until
the defense called Mr. Hamilton to
the stand. He is the one man who
has the information which is of the
utmost Importance in determining
the course of this proceeding.
"As long ago as February 13 last"
continued Mr.. Jerome, CDR. Austin
Flint, one of the states alienists,
came to me in my office and told
me that after watching Thaw in court
every day of the trial he was solemn
ly of the opinion that the defendant
was not capable of instructing his
counsel. I was much concerned, and
with my assistants and Drs. Mcdonald
and MabOn held a long conference. !
told the alienists, who were of one
accord, that they must hold their
minds open. | then called in other
alienists and after submitting to them
all the evidence l had in my posses
sion, they joined with the others in
declaring Thaw paranOiac.
"They told me Thaw ought to be in
an asylum and not on trial for his
life. l framed my hypothetical ques
ton, but | was unable to get into it
much of the evidence which | had
presented privately to the alienists.
Answering the hypothetical question:
they could go no further than they
did go and say that Thaw knew the
nature and quality of his act.
'It was not until DR.. Hamilton was
called that l could call the courts at
tention to the knowledge possessed by
that learned gentleman. l have known
Dr. Hamilton for some time. Last
summer after he had examined Thaw
we often rode out to our country
places together. DR.. Hamilton tried
persistently to persuade me that it
was my duty to apply for a commits
sion in lunacy."
Thaw's counsel objected to a fur
ther examination Of DR.. Hamilton by
Mr.. Jerome, and Justice Fitzgerald
declined to allow the examination.
Harry Thaw was not allowed to
come into court during the days pro-
ceedings.