Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-03-22
JUDGES DECISION BY MONDAY.
LunaCy Commission Seems Prob
able, Although Defence Thinks
Jerome Has Weakened Case.

| New York, March 21.-District Attor
ney Jerome today presented to justice
Fitzgerald eight affidavits in support O
the suggestion he made yesterday Ii
the case Of Harry K. Thaw that the de-
| PENDANT 10 now in such a state of lu
macy or insanity az to be incapable O,
understanding the proceedings against
him or making his defence. The cour,
was in session for less than an hour
Dolphin Delrnas for the defence stating
| that their answer to the district attor-
ney's proposition was not ready. Jus
tice Fitzgerald allowed both sides un-
til o'clock Saturday afternoon to file
such aftidavits as they desire with the
clerk Of the court. There will be no fur
Their hearing in the matter OF the ap-
i,ointment of a lunacy commission I'M
less Justice Fitzgerald so directs after
considering such affidavits and exhib-
its as are to be offered. Neither the
jury nor Thaw was in court today. The
jury having been excused until tomor-
row morning at 1890 O'Clock there will
be brief session at that time and a
formal adjournment until Monday
morning announced. BY Monday Justice
Fitzgerald is expected to be ready to
announce the decision.
District Attorney Jerome pleaded to-
day for permission to examine DR.. Al
Ian MCLanc Hamilton orally, but in the
absence OF a waiver of professional
privilege on tho part of the defence Jus
tice Fitzgerald said he would not allow
the doctor to be examined further at
this time. Justice Fitzgerald added
Significantly that he would take Judi
cial notice of everything which had
been adduccd in evidence during the
ninc weeks Of the trial. DR.. Hamilton,
it will be remembered. yesterday tes-
titled that in his opinion Thaw is not
at present capable of directing his de-
fence. This question was put to DIR.
Hamilton by Attorney Gleason of the
defence and Mr.. Jerome now contends
that the defence thus waived the mat
ter of professional privilege.
The refusal Of Justice Fitzgerald TO
allow DR.. Hamilton to be Intercepted
in the proceedings to enlighten tho con-
science of the court as to it's duty in
appointing commission or ordering
resumption Of the trial was interpret
Cd in various ways by those in court
today. The attaches of the district at
torneys office were inclined to the be
lief that DIR. Hamilton. having already
stated his opinion to Justice Fitzger-
aid, the latter deemed it unnecessary
to precipitate an argument as to the
waving of professional privileges. The
defence seemed inclined to the view
that Justice Fitzgerald had held that
DR.. Hamilton's evidence could not be
taken into consideration AMI that con-
sequently the district attorneys posi-
ton was materially weakened DR..
Hamilton was first called into the case
by Thaw'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
express waiver from the man Who was
his patient.
Mr.. Jcromc's affidavits submitted to-
day embraced the opinions of his seven
experts who have heretofore testified
and statement by Irving s. Cobb. 4
newspaper reporter. who gave the text
of the statement which Thaw issued nt|
the conclusion Of Mr.. Jerome's long ana
severe cross-examination Of his wife.