Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-03-21
LOOKS LIKE ASYLUM
FOR HARRY THAN
Fitzgerald Certain to Appoint
Lunacy Commission to Pass
on Sanity
MANY sAY THAw is INSANE
MANY sAy THAw is INSANE
Attorneys for Defense Preparing to
Resist to the Utmost the Plans to
confine Whites Slayer in a Mad
, house-The Day. Developments in
the Hearing for Commission.


New York, March 21.-That Justice
Fitzgerald viii appoint commission in
lunacy to inquire into the present
mental condition of Harry Thaw seems
foregone conclusion. This afternoon
he will hear arguments of counsel on
both sides of the famous case, and he
plainly intimated yesterday that he
would appoint commission. That
this commission will find that Thaw IS
now insane is the opinion Sof most of
those who have closely followed the
trial.
DR.. Allan McLane Hamilton, one of
the countrys most famous alienists
has openly EXPRESSED the opinion that
Thaw is now In ane and that he is in
capable of condt. ting his own defense.
Dr. Carlos Mcdonald and DR.. Austin
Flint, noted alienists, have expressed
the same opinion. Affidavits are ex-
pected from all three, as well as from
doctors who are familiar with the his
tory Of the Thaw case and with the
insanity which is said to have been
present in both sides Of his ances-
try. ~.
That the attorneys for the defense
will make a hard fight to prevent the
judge from appointing commission
when court sits this afternoon is prob
able. From the first the fight has been
to secure acquittal, and 1t is not prob
able 1t will be given up so long as there
is the slightest chance it.may be sue
cessful. On the other hand. Jerome is
convinced that Thaw is now insane,
and will fight just as hard for the APP
pointment of commission.
Today's session being informal, the
rules of law and evidence will not be
enforced. Either side may place before
the court any evidence it desires to
show as to the mental condition of the
defendant. The jury will not be pres
ent. The sole object of the proceedings
Is that the judge may be informed OF
all facts in the case and on them de-
eide whether or not he will stop the
trial until legal commission has de-
cided whether Thaw Is in such condi-
tion as to permit his case going to the
Jury.
Gleason elames DeImas.
John B. Gleason, counsel for Thaw,
said today that Delmas is responsible
If the commission is appointed. as it
was he who called DR.. Allan McLane
Hamilton to the witness sts.sd. and
told Jerome to go ahead and ASA the
witness anything he wished to.
Delmas said that he would gladly as
sumo all the responsibility. Daniel
O'Reilly, of Thaw's counsel, said today
that Thaw's counsel had no doubt OF
being able to convince the court or an
insanity commission of Thaw's sanity.
He said that each one Of the counsel
would submit an affidavit to the effect
that Thaw had been during the trial,
and is now, capable Of advising with
his attorneys.
Jerome's Alienists Sign.
Seven alienists employed by Jerome
today signed affidavfts for presentation
to Judge Fitzgerald, In the argument
this afternoon for the appointment OF
a commission in lunacy to- examine
Thaw Six alienists in their affidavits,
declared that Thaw was suffering from
q form Of paranoia, that he should not
he discharged from custody, that if he
should be discharged he would be dam
gerous to the public peace and safety.
and that it is reasonably certain he
will not recover. The seventh of the
alienists, DR.. Hirsch, agrees with his
colleagues, except that he declared
Thaw cannot possibly recover.
The document includes also an affl-
davit by Irving S. Cobb, reporter, de-
scribing note given to him a few
weeks ago by Thaw, in which Thaw
commented upon his wife's testimony.
and upon the conduct of the prosecu-
tion. The affidavits are signed by
Doctors Flint, Mabon, Macdonald,
Pritchard, Ferris, Hirsch and Diefen
dorf.
The alienists declared In their affi-
davits that Thaw knew the nature and
quality of his act in shooting White.
Together the affidavits make thirty
two printed pages.
Thaw Not to Hear Arguments.
Thaw had a conference in the Tombs
prison today with A. Russell Peabody,
of his counsel, over the question
whether Thaw should be permitted to
hear the argument over the appoint
ment Of lunacy commission. Thaw
wanted counsel to assure him he would
be allowed to attend the hearing in
court, but Peabody did not promise
him the desired permission. Thaw's
counsel were said to be Of the opinion
he ought not to hear the arguments.
Thaw's wife and sister. the countess of
Yarmouth. visited him today and re-
manned with him for about an hour.
Justice Fitzgerald took the bench at
2:o6 p. ln today, to hear the affidavits
regarding the lunacy commission. Har-
1y Thaw was not present.
Hearing in Progress.
All of Thaw's attorneys, including
Delmss and Gleason. were in court
when the justice announced he wasI
prepared to hear evidence. Delmas
arose and said he had not been served
with copies Of the afidavits prepared