The Chanute times. [volume] (Chanute, Kan.) 1897-1913, 1907-03-29
BLOW HAS FALLEN
Proceedings in Thaw Case Stopped
Pending Arguments Regarding
Lunacy Commission.
The JUDGE WANTS FACTS
Jerome Asserts That ThaW Is Suffer
ing From An IncurabIe Form
of Insanity Characterized
by Decisions.

New York, March 21.-The blow
which Harry Kendall Thaw has been
in terror of ever since his trial for
the murder of Stanford White began
fell Wednesday. District Attorney
Jerome did not make formal appli-
cation for the appointment of a COM
mission in lunacy, but in an impas-
stoned speech he appealed to the con-
science of the court declaring as he
sits daily in court Thaw is unable to
every one who has watched and come
advise his counsel and Is believed by
into contact with him to be insane.
Mr.. Jerome asserted that his own
alienists were convinced when they
had considered all the facts in con-
nection with the case that Thaw was
of unsound mind. Mr. Jerome dra-
matically accused the counsel for the
defense of concealing testimony which
If presented to the court, would make
the continuance of the trial crime.
So earnestly did Mr.. Jerome plead
that Justice Fitzgerald dismissed the
jury until Friday afternoon when he
will consider whatever evidence either
side has to offer and decide whether
the trial shall go on or whether
commission in lunacy shall be appoint
to pass upon Thaw's mental condi-
ton.
The climax of the nine weeks
trial was precipitated\ by the action
of the defense in calling to the stand
DR.. Allan McLane Hamilton, the alien
list, who was first called into the
case by Thaw's original lawyers,
Black, Olcott, Gruber & Bonynge, but
who was dismissed, together with them
when he reported Thaw was suffering
from a form of paranoia, which might
never be cured. 1t was the intention
Of Mr. Delmas to interrogate DR..
Hamilton only with reference to four
visits he made to Thaw in June and
July. Mr. Jerome promptly objected
saying if DR.. Hamilton was to testify
at all he must tell everything he
knew in connection with the case. in
Guiding the defendants family history.
The argument which ensued became
SO pertinent to the question of The
present sanity or insanity of the
defendant that Justice Fitzgerald CT.
dered the jury to retire from The
room. Then the discussion took on
that broader range which resnIted in
the courts determination before rro-
ceedlng further to have presented to
him the facts which the district attor-
ney asserted had been withheld from
the jury by the defense and which he
had been unable to give to the court
in strictly legal form.
Justice Fitzgerald demanded that
counsel on both sides submit to him
Thursday all the evidence they pos
sessed touching upon the sanity or in
sanity of the defendant. If the de-
tense did not desire to do this, he
said, he could not compel it and would
have to proceed without such evidence
from them to combat that to be Of
fered by the district attorney.
Justice Fitzgerald even went so far
as to discuss the personnel of pos
sible commission in lunacy He said he
did not wish to appoint any alienists
who had been consulted in. the case,
by either, side and desired to be Civ
en- the names of every doctor so con-
suited. 1t was agreed that both sides
should submit affidavits Thursday.
Mr.. Delmas declined to make any
definite statement. He merely said
that It had been agreed "that when
the case reached the stage which de-
Eveloped Wednesday Mr.. Gleason
should take charge" $50. q. - :.
New York, March 22.-District At
! torney Jerome Thursday presented to