The Montgomery advertiser., 1907-03-22

the time set by Justice Fitzgerald to hear affidavits. dispositions. etc, in support of District Attorney Jerome's suggestion of yesterday that Thaw Is at present in no fit mental state to be on trial for his life.
 Mir. 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- set and realize the nature of the pro- ceedings against him.
 Justice Fitzgerald arrived at 2:05 p. m.s and took his place on the bench. He said that yesterday after noon the district attorney had sug- gcsted to the court that if the real raets were known he would have no night to be in court trying Harry Thaw for his life. Justice Fitzgerald said he was prepared to hear what either side had to offer.
 Have you affidavits or testimony, MT. District Attorney" asked Justice Fitzgerald.
 Both" replied MT. Jerome.
 MT. Delmas here arose and said he had not been served with copies of the affidavits prepared under the di- rection of the district attorney until l2;1S D. m. today. Tn a matter of such importance as the present pro- ceedings he thought the defense should have more time to prepare it's answer.
 Mir. Jerome said he had served the copies of the affidavits on counsel at the earliest moment he possibly could.
 Thaw Not in Court.
 Harry Thaw was not allowed to come into the court during today's pro- ceedings.
 MT. Jerome said he would have to ask Mnya orally examined as the defense might desire to plead professional privileg- es in bar of his testimony, Dr. Ham, ilton having seen Thaw after the tragedy at the behest of his then coun- sel.
 Justice Fitzgerald said he would re- ceive the affidavits which the District Attorney had prepared. These includ- ed the affidavits of Irwin s. Cobb, the newspaper man Thaw selected to give out his statement concerning "the pros ecution, backed by blacklegs," at the conclusion of his wife's cross examin- ation by Mir. Jerome, and the affidavits or the alienists who testified for the State.
 Among those expressing the opinion that Thaw Is now, and has for long time, been suffering from paranoia, are Drs Austin Flint. Carlos Macdonald. William Mabon, A. R. Diefendorff. Warren Ferris. William Hirsch and William B. Pritchard.
 After presenting his affidavits. MT. Jerome said he wished to make a statement of his position in order to clear himself of any suspicion that he had been in possession of knowledge which had been withheld from the court.
 Your honor may have gathered from remarks of yesterday" said Mir. Je- kk4ak al t1- ion that Thaw is and has for some time been of unsound mind"
 T did so gather" interrupted Justice Fitzgerald.
 'Tt has long been my personal opin- ion" said Mir. 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. I was bound by my oath. only to act when had something to act on. That oppor- tunity was not presented until the de- fense called Dr. Hamilton to the stand. He Is the one man who has the inform ation which is of the utmost import ance in determining the course of this proceeding"
 Conferred with AIienist.
 ''As long ago as February 13, last" continued Mir. Jerome, pr. Austin Flint, one of the States alienists. came to me in my office and told me that after watching Thaw in court day of the trial, he was solemnly of the opinion that the defendant was not ca pablo of instructing his counsel l vas much concerned. and with my as- sistant and Drs. Macdonald ana Ma hon held A long conference. I told inc alienists, who were of one accord, that they must hold their minds open T then called in other alienists, and af- fer submitting to them all the evidence had in my possession, they Joined