Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-03-20
Jerome Does Not Ask for One But
Leaves the Matter With the
Conscience Of Court.
is TAKEN UNDER ADJUSTMENT,
Jury Excused Until Friday But
Court sits Tomorrow To Hear
Arguments on Subject.
District Attorney SAYS He Can Prove
Defendant is Incapable OF 9osrest-
in$ His Defense

New York March 2o.--Jcromc said
the states experts. while Spying THAI
T'haw knew the nature and quality or
his act, Thought that he is unable ta
advise his counsel as to the conduct
OF his case When a prisoner was III
that condition. the court should not
proceed further Delmas asked IL Dist
Atty, Jerome Intended his application
to be fot a commission In lunacy.
I understand It,, said Justice Fitg-
gerald
Jerome said: II make no appltca-
ton / say to the court that / can
prove the defendant Is incapable Of
directing his defense l lc@ve the
matter With the conscience OF the
court
The Thaw jury was excused untlI
Friday, but Justice Fitzgerald viii
hold court tomorrow afteru DON to
hear testimony regarding the arplI-
cation for a commission.
The Thew trial opened today with
a decided surprise. Asty. Delnas, far
the defense Withdrew the offer Of the
letter which he wanted to- put in eyir
dence Yesterday afternoon. written by
Harry ThaSN 70 j. Denniston Lyon y
banker OF Pittsblrg.
Following this. Mr. Delmas turned
90 the clerk and said Call Dr. All
Ian -NcLane HAMILTON
DIR. HAMILTON.
DE- Hamilton Is the alisnist who has
been under subpoena by both the de-
Tense and the prosecution at various
stages of the trial, Or Hamilton has
stated the belief that not only was
Thaw insane when ne shot white, but
has remained so. He does not appear
as an enploye OF either the state or
the defense, but has held himself
WI
and gave lnlpartially the results OF his
examinations. AL the time Of tho
tragedy, he WAS engaged as an expert
for the defense. but when Judge Olcott
left 1he case d. Hamilton also wath-
drew
Justice Fitzgerald ordered the jury 10
withdraw while counsel discussed q
stipulation. under which DIT Hamilton
might testify
Jerome said lac would lay before JUS
tice Fitzgerald all the information he
had and which he believed would re-
suit In a halt in the trial.
Mr.. jerome told Justice Fitzgerald
his own experts had informed him
that Thaw is "a paranXic.
DR.. Hamilton said that the other
altenists he had seen Thaw soon after
his Incarceration.
was there any examination at that
tlme?" asked DeImas-
There was a medical examination as
far as II went.
what was that examination"
Jerome objected M once.
This is re-openlng OF the whole
case, he argued DE- Halnilton's evil
dence belongs in the case In chief and
not In rebuttal-"
A LITTLE sou ABBI.E-
"The district attorney" replied Mr.
Deltnas has on Sc Yeral occasions
called your hOnoT's attention TO The
fact that ne is quasi judicial officer.
He has no right to come here bow and
attempt to shut out Jhe truth En---"
THAT is not So broke i'm Jerome,
III the objection IS made on that
ground, | will withdraw my objection.
l am willing to Te-open the whole case
and let all the truth come out on
CROSSE examination. But II it is the
purpose to bring our only. part of the
truth, | shall certainly object"
Il have no stipulatlons to make with
the district attorney" said Mr.. Del
mas.
Then It is you who do not want the
truth to come out" said Jeropse.
DelInas went on 10 argue that the
district attorney had himself sub-
poeuaed Or. Hamilton
Certainly did, said the district at
torney. II have subpoenaed Arrs, Thaw
and a dozen more witnesses, whom {
pave not called
MI pelnas insisted that Jerome had
definitely promised ia call DR.. Hamilton
and had failed to do so.
ME- Demas called attention 10 tho
.aCt that James Clyncb Smith was AL
Owed to testify as a matter OK discrs-
Ion after the prosecution had closed ils
Ease In chief
Mr.. Jerome declared counsel had
made many UNJUST ana unfair insinua-
ions against him,
't offered to waive all ebjec tlou IA
Dr. Hamilton testfyIps So long Us ha
WIS allowed 20 tell AL. But | WANT
ed the stpun don Ihat yhe district at
torney must nlt he osiDpped on cross
examination from getting AT the truth
OF this story. The learned counsel from
the Pacific slope offered 10 throw opcn
tho doors az tho beginning II the trial
but when put the photographer an
the stand 10 Ak dates 10y which l
could prove an allbt FOR stanford
white, the doors were shut tight"
Mir. De.mHs repeated MS arguments
and after he had finished, Justice FltH-
gerald said
COURT HAS No DISCRETION.
This H. not a discts tonagy mat.
ter, on 1he record In ihIs ease. I must
rule according 20 me law Tho OBJ
lection iF sustained.
Mr Demas offered IN state ae
matter on discretion with tha intention
TO prove hy Or Hamilton
MT. Jerome again objected, bun JUS
tlce Fitzgerald INSTRUCTED Mr. peilnas
That he might State In general what hu
wished to prove bat he might not 50
Into facts
cNow. your honor" said MT. loelynus
~ appeal 10 yopr discretion,
II rave already said" interrupted
Mr.. Fitzgerald that L bayr absol ute
Iy no discretion upon the record az this
case. ( must lule according 90 ina
law
Mr. pclm0s said that as Justice l'Itz-
gerald had ruled on only one question
pun 10 ihe witness. ha would proceed To
ask OthoTs, and dld ~.