The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-03-26

- Mind.
New Yor, March 21.-District At
torney Jerome today presented to JUS
ace Fitzgerald eight affidayits in sup
-a. port of the suggestion he made yester-
DAY in the case Of Harry K. Thaw
= that the defendant is now in such a
state of aunacy or insanity rs to be
~ incapable of understanding the pro-
ccedings against him or making his
defense. The court was in session for
+ less than an hour, Dolphin Delmas, for
the defense, stating that their answer
to the district attorneys proposition
lowed both sides until Saturday after
aeon at 2 o'clock to file such afidavits
as they desire, with the clerk Of the
court There will be no further Hear
ing in the matter of appointment Of
a lunacy commission unless afidayiss
and exhibits are to be offered. z.y-.
Neither the. jury nor Thaw was ii
court today, the jury having been eX~
cused until tomorrow morning at 1880
O'Clock. when there will be a brief
session at that time and a formal ad-
tournament until Monday morning an
aouaced. BY Monday Justice +sFitz-
. gerald IS expected to BE ready to an
ounce his decision.
District Attorney jerome pleaded
a@ today for permission to examine Dr.
Allan McLane. orally. but in the alb.
? seaee of a WAIVER of professional pri4i-
- Iege on1the part Of the defense, JUS
tioe Fitzgerald said, he would not al
low the doctor to be examined at this
time. Justice Fitzgerald added signi-
es>ntlyaathat he would take judicial.
ice of everything which had been
. &aas4Iced5in evidence during fhesdnine
aeks of trial.
The refusal Of Justice Fitzgerald to-
stallsw DR.. Hamilton to be interrogat-
ed in the proceedings to enlighten the
conscience of the court as to it's duty
in appointing a commission or order
Jag a resumption of the trial was in
taGpfeted in various ways by those n
aeurE today. The attaches of he,ais-
'~ t1ct attorneys Office were inclined to
the belief that DR.. Hamilton having
stated his opinion to Justice Fitzger:
aid, the latter deemed it unnecessary
to precipitate argument as to the
waving Of professional privilege. The
defense seemed inclined to the view
that Justice Fitzgerald held DR.. Ham
iltea's evidence could not be taken
iHto consideration and that cOnSe-
aseatly the district attorneys position
was materially weakened. DIR. ~Hamil-
Sen was first called into the case by
Raaw's lawyers and it was while he
was in their employ that he made his
examination of the defendant. Under
the law he cannot testify without an
cypress waiver from the man who was
hi3 patient.
DIR. Jerome in presenting his affida
: Wits, called particular attention to the
one signed by DR.. Carlos F. Mcdonald,
who after reciting what he had wit
messed in court, his observations of
Taaw immediately after the tragedy
and what he has learned as to epilepsy
and insanity in various branches of
- the Thaw family, declared that he is
firmly convinced tina Thaw is suffer
ing from haranoia and that while he
knew enough to realize the nature
and quality of his act when he shot
u killed Stanford White. he IS now
and for some time past has been
capable of understanding the proceed
.ings against him. =
District Attorney Jerome Occupied
most of the time the court was in ses-
aen today in a personal explanation
Of the reasons which had hindefed
him from earlier calling the attention
OF the court to Thaw;s= reseatstate
OF mind. He said he had long been
convinced that the defendant was or
zunsound mind, but he had no way OF
legally bringing the matter to the at
IGNITION Of the court until Dr.. Hamil-
put upon=the stan bytne de
ems Mr.. Jerome said hi could not
nave called Dr.. FlamiltonT on account
. of be- rofessionaL privilege which the
de&e1se. See- pnaVe interposed as a bar
to anyztestimony the. expert might
have to offer.