The Montgomery advertiser., 1907-03-21

four times. on June 2s and 2s and July and 8 ..
 "As a result of these visits were you of the opinion that Thaw at that time was insanew
 Mir Jerome objected to this and was sustained.
 Your honor. said Mir. Delmas, 'has permitted us to give certain conversa- tion of Thaw's in evidence. propose to ask Dr. Hamilton to tell what occurred on his four visits to Thaw. After l have proved that this witness was of the opinion that Thaw was insane. propose to ask him regarding the com versations.
 MT. Delmas then asked:
 Did you form any opinion, doctor?"
 Justice Fitzgerald said the witness might answer this yes or no.
 Yes" replied Dr. Hamilton.
 "Stats what that opinion was"
 Mir. fJerome's obection was sustain ed.
 Justice Fitzgerald said if he als lowed Dr. Hamilton to testify at this stage of the case, 1t might entail the re-exanination of all the experts for month 10 come.
 Declines to Interfere.
 "As long as there Is legal force to the objections of the district attorney" said the judge. T will decline to inter- fcre as a matter Of discretion.
 Mir. Deifnas was persistent and ask ed Dr. Hamilton if, as result of his four visits. he had reached an opin- ion as to the state of Thaw's E.ind on the 25th of June.
 Mfr. Jerome objected, saying the question was not proper sur-rebuttal but Justice Fitzgerald allowed yes or no answer.
 T did not form an opinion" said Dr. Hamilton
 Please state to the jury your opin- ion as to whether or not haw was in- sane"
 MT. Jerome objected and was sus- tained.
 Mir. Delnias then asked for a fifteen minutes recess for a consultation of counsel. This was allowed.
 Dr. Hamilton resumed the stand af- ter the recess and MT. Delmas imme- diately asked permission to read to Dr. Hamilton the indictment against Thaw. Permission was given and tbe indictment was read to the witness in an undertone.
 'Tn your opinion." asked Mir. Del mas, fin view of the knowledge you acquired as to the mental condition of Thaw from the four visits you madeto him. did he know that the act set forth in the indictment was wrong?"
 MT. Jerome objected to the question and was sustained.
 Mfr. Deimas repeated the question fin various forms. He was met each time with an objection from the dls4 trict attorney which Justice Fitzserald invariably sustained.
 He then announced that as the result of the consultation of counsel. he was ready to accept the district attorneys offer to tell all he new about the case of Harry K. Thaw.
 "If counsel desires to conduct a full inquiry. including the Hypothetical question of the district attorney, will not offer an objection" said Mr. Jerome.
 Justice Fitzgerald wanted to know if the District Attorney withdrew ali the objections on which the court had ruled
 MT. Jerome said he did not.
 Mir. Delmas then said:
 Now. doctor, state all the facts that you learned or observed during your four visits to the defendant"
 To this Mir. Jerome added:
 Include all you learned as to the family history on both sides while you were in the case"
 What does the learned District At torney mean by while you were in this case?"
 T mean before you came into the case" replied Mfr Jerome.
 Mir. DelnnAs then said that District Attorney Jerome had repeatedly stated in court that if he were honestly com vinced that Thaw was insane when he shot and killed Stanford White he would not take up the time of the court in trying him. We propose now by your own wit ness" said MT Deimas, "to honestly convince you that Thaw was insane"
 JerOme's Impassionea Speech.
 At this point Justice Fitzgerald said he thought the jury should retire. They did so, and Mfr. Jerome began an ina passioned address to the court
 Mfr. Jerome's address was in an ef- fort to show what his offer to with draw his objections and allow Dr. Ham, fton to testify was based on
 T want 10 explain and make my po- sition clear. As understand the mat ter. Dr. Hamilton who was originally | called Into the case by the defense, is ready to testify that in his opinion | this defendant was insane, that he was of unsound mind when he committed l the homicide. and that as he sits at the | table today he is suffering from a men, tai disease known as paranoia, a dis | ease in which the sufferer until the last stages of the disease, is capable of l knowing the nature and quality of his | acts I understand that Dr. Hamilton | so advised the defendants counsel. and | that his counsel was then changed.
 T am willing to throw open the door wide, and I ask to let all these facts | come out. but will not agree to Mir. | Delmas conhning his questions to these | four visits and keep me down to the | close limits of evidence and not be al- | lowed to go into the real facts of the | case"
 Your honor knows" continued Dis | trict Attorney Jerome. what my posi- l ton here has been all along. We have | no right to be here trying this man If | the real facts are known. Your honor l knows that I have tried ever since this | case opened. to bring out these facts, and that have not been able to do so |
 Court Would Re Shocked.
 If the real facts as to the mental | condition of this defendant can be l brought out, the court would be shock | ed and mortified and would stop this 1 trial instantly. So deeply have been | impressed with all this that I have | served notice on the attorney of rec ! ord that when this case Is over, if I | am convinced that they possess the | facts that believe they possess. will | lay the matter before the appellate | division of the Supreme Court
 There is not a man who has seen this defendant sitting there at the | table who believes he was capable of | counsel.