The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-21
and which he had been. unable to give
to the court in strictly legal form
Jerome's Vital Admission.

" Iut touiG IL SLIlCllE legal lOIH-
Jerome's Vital Admission.
If the real facts were known" de-
clared Mr.. Jerome. 81 have no right
to be here trying this man for his life.
But the knowledge | have cannot be put
in legal form before the jury. 1t is
mostly hearsay. But if l could get tine
facts before you they would shock and
horrify the conciepce Of the court and
instantly this case would be stopped So
deeply have [ been impressed with this,
that | have served notice on counsel of
record that if when this trial is con-
cluded | find that they were in pos
session of facts which / believe TO be
in their possession, / shall call the mat
ter 10 the attention of the appellate di-
vision of the Supreme court. 1 feel
very bitterly about this matter. There
is not a man who has watched this
defendant sitting here at the table that
does not know that, as he sits there he
is incapable of advising counsel. Thus.
under the statutes, it becomes the duty
of the court 10 stop the proceedings
Genuine Surprise Sprung.
The Thaw trial opened today with
decided surprise Attorney Delmas,
for the defense, withdrew the offer OF
the letter, which he wanted TO put IN
evidence Yesterday afternoon, written
by Harry Thaw 10 j. Denniston Lyon,
a banker of Pittsburg,
Following this Mr.. Delmas turned to
the clerk and said: 'Call DR.. Allan
McLane Hamilton.
DR.. Hamilton is the aienist who has
been under subpoena by both the
various stages of the trial DR.. Hamil-
ton has stated the belief that not only
was Thaw insane when he shot White,
hut has remained so He does not ap-
pear as an employee of either the
State or the defense, but has held HIM
self ready to take the stand at any
time. and give 'impartially the results
Of his examination. At the time of the
tragedy he was engaged as an expert
for the defense, but when Judge Olcott
left the case DR.. Hamilton also with
drew
DR.. Hamilton said that with other
alicnists he had seen Thaw soon after
his incarceration
"Was there any examination at that
time?n asked Delmas.
"There was a medical examination
as far as it went
s'What was that examination?
Jerome objected at once.
FThis is a reopening OF the whole
case he argued HDr. Hamilton s
evidence belongs in the case IN chief,
and not IN rebuttal. y
''The District Attorney. replied
Mr.. Delmas. "has on several OCCASIONS
called your honor S attention 10 the
fact that be is a quasi judicial officer;
He has no right to come here now ana
attempt to shut out the trnth IL u.
''If the objection is made on that
GROUND | will withdraw my objection
am willing to reopen the whole case
and let all the truth come out on
cross examination But If 1t rs the
purpose 10 bring out only part oil the
truth, [ shall certainly object,
Delmas Is Independent.
"I have no stipulation to make with
the District Attorney, said Mr. Del
mas.
''Then, it is YOU who do not want
the truth 10 come out, sad Jerome
Delmns went on 10 argue that the
District Attorney had himself SUBJ
pocnaed DR. Hamilton.
Certainly l did. - said tho District
Attorney. II have subpoenaed Mrs.
Thaw and dozen more witnesses,
whom I have not called. y
Mr.. Delmas insisted tnat jerome hau
definitely promised TO call Dr. Hamll-
ton and had failed to do so,
Mr. Delmas called attention TO the
fact that James c. Smyth was allowed
to testify as matter of discretion
after tho prosecution had closed its
case in chief,
Mr.. Jerome declared counsel had
made many unjust and unfair insinu-
ations against him.
81 offered to waive all objections to
DR. Hamilton tesfifving so long as he
was allowed to tell all, But | wanted
the stipulation that the District Attor-
nev must not be estopped on cross.eX-
animation from getting at the truth OF
this story. The learned counsel from
the Pacific slope offered to throw open
the doors at the beginning of the trial,
but when | put the photographer on
the stand to fix dates by which | could
prove an alibi for Stanford White the
doors were shut tight -
Mr.. Delmas repeated his arguments