Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-03-20
THAW CRAZY SAYS
EXPERT AND COURT
STOPS THE TRIAL
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(Continued from sixth Page)
lions as to its duty" interrupted Justice
Fitzgerald: that is a matter that the
court can attend to for itself. All want
Is all the information I can get on this
subject. The court wants this informa-
ton. but II cannot get 1t I will have to
act as see fit"
For q moment all the lawyers were
talking excitedly at once. and Justice
Fitzgerald was forced TO rap sharply
with his gavel. Finally Mr.. Jerome
made himself heard.
The court has asked for all the facts
I have in my possession, and will will
ingly furnish them. will give them In
the form Of an affidavit I will also fur
nish the afndavits Of DR.. Mabon and
DR.. Macdonald, and II his professional
privilege is waived I will have an at
fidavit from DR.. Hamilton" -
Waving Privilege.
'"The learned district attorney has Just
said that this defendant Is at this mo-
ment SO insane as not to be able to in
struct his counsel" broke in Mr.. Gleason
in an angry tone. land now he asks that
this man. whom he has dubbed insane,
waive privilege"
His attorneys can waive It for him."
THE district attorney knows that that
cannot be DONE" was the reply.
I'VE will get the other affidavits first"
said Justice Fitzgerald, land then we will
discuss that matter
At this point Mr.. Gleason broke in. II
wish. before this court adjourns, to ask
one question of Or. Hamilton" he said.
Then turning to District Attorney Jerome,
Mr.. Gleason continued:
mo man can come into this court and
accuse me Of unprofessional conduct. I
have practiced in this county for twenty
eight years and no such charges have ever
before been made against me-
Go ahead" said Justice Fitzgerald. TASK
him all the questions you want to-
"Dr. Hamilton" said Mr.. Gleason. Gin
your opinion is this defendant incapable
Of advising counsel?"
II think he u.s." replied the alienist II
do not think he Is capable Of instructing
his counsel because Of his mental condi-
ton"
didn't you tell me recently that you
thought he was capable of doing sou asked
Mr.. Gleason.
II don't think So" replied the witness.
Then another argument ensued. all the
attorneys gathering in an excited group in
front of the judges bench. At the end Of
the argument District Attorney Jerome said
to the court that when he had stated that
there was part Of the case he would call
to the attention Of the appellate division
Of the supreme court he did not mean to
charge any of the attorneys for the defense
with unprofessional conduct.
Defendant Capable.
IT want to state here to the court" broke
in Mr. Gleason again, that l believe this
defendant Is perfectly capable of instruct
ing his attorneys, and 1 know that all OF
his counsel think the same thing.
81 will be glad to have any affidavits along
those lines which you care to prepare said
Justice Fitzgerald.
Mr. Jerome then stated that he would be
able to have his affidavits ready py tomoI-
row afternoon, and asked the court TO az
iourn the hearing until that time. TO this
the attorneys for the defense agreed. Inc
Jury which had been sent out When the
discussion of a commission began, was call,
ed back to the room and excused until
Friday morning.
The Courts Statement.
"If I should decide to appoint commits
sion or take any other step In the matter
on Friday" announced Justice Fitzgerald.
IT would wish to name alienists who have
not been in the case before. I therefore
ask both the district attorney and the coun-
sci for the defense to furnish me by Friday
morning lists of names of all the experts
who have been In any way connected with
the case.
This the attorneys agreed to do.
Jerome then asked that the hearing go
over until 2 o'clock tomorrow afternoon.
Justice Fitzgerald was willin.., but insisted
on having the consent Of each one of the
defendants counsel.
81 don't want to take such an adjourn
ment. and then find that 1 did not have
the consent of the right man. he said.
All agreed, and court finally adjourned
until tomorrow at 2 o'clock.