The Washington herald., 1907-03-21

on collision between District Attorney
Jerome and Delmas this morning, as a
result Of which the Thaw trial was piled
up in heap composed of apparently in
! extricsble fragments Of the court. DR..
Allan McLaHe Hamilton. the district at
| torney the defendant. Lawyer Deimas.
the jury, experts without number. and
/ last. but far from least. Lawyer John 2.
Gleason. It is supposed that the wreck
/ is result Of Thaws counsel misunder-
/ standing signals
/ In the process Of clearing up the mess,
Justice Fitzgerald viii pass tomorrow
upon the Information which the district
attorney VIII furnish in the form Of an
! affidavit setting forth IN effect that Thaw
/ IS insane now and incapable Of advising
with counsel and that counsel for the de-
/ fense are fully aware Of this condition Of
Thaw.
The district attorneys affidavit viii be
presented to Justice Fitzgerald tomorrow
afternoon at 2 O'Clock. Copies OF it will
! be served on counsel for the defense. who
viii have an opportunity 10 reply to il.
After that the court viii decide the mat
ter II the court decides TO appoint a
! commission in lunacy TO examine Thaw.
the trial viii. Of course, go no further
until the commission has made its report.
/ Should the commission report that Thaw
is now insane, he viii undoubtedly be
consigned to the asylum for the criminal
insane al Eatteawan.
What Jerome Expected.
After the first shock of the collision had
passed and the wrecking crew had got to
work District Attorney. Jerome said to the
reporters who had hurried TO the scene:
The situation is just what have been
looking for all during the trial A man
who should be incarcerated in an insane
asylum should not be on trial for his life"
That jerome has all along believed that
Thaw was insane when he shot White,
and is insane at the present time. he made
perfectly plain in the course OF an in-
ipassioned address TO t.le court The law
defines the kind Of insanity a man may
lurge as an excuse for crime 10 be thar
insanity. which either prevents him from
knowing what he was doing, or that il
was wrong. The prosecutions experts
hold that q man may be insane from the
medical viewpoint and be sane so lar as
the provisions Of this statute are con
cerned. And IT was on that distinction
that they testified. They believe Thaw
was medically insane when the shooting
occurred, but that he knew what he was
doing and that it was wrong.
Excitement in Court
The scene in court when Jerome made
his appeal was one Of almost unequaled
excitement. Every spectator was leaning
forward in his seat, fearful Of missing a
single word. and hung upon the sentences
that fell from Jerome's lips. 1t was plain
that the district attorney was much
moved, and that Justice Fitzgerald him
self felt that the case had reached its
crisis
AS for Thaw's lawyers, a condition
bordering upon panic prevailed among
them. They were all on their feet, and
most of them had hurried inside Of the
rail where they could talk with Delmas.
This was the state of affairs when the
Jury had been sent from the room in
order that Jerome might tell the. court
what he knew from his investigations
about the mental history Of Thaw, but
which technical legal objection had kept
him from getting before the jury. This
was the thuEderbolt that smote the Thaw
defense:
III the real facts were known. I have
no right TO be here trying this man. 1t
would be absolutely prohibitive. But this
knowledge that / have cannot be put in
/ any legal form at this time If it could.
j it would shock the conscience Of the
court and instantly this case would be
stopped.
Attacks Thaw's Counsel.
But this was not all The district at
torney proceeded. raising his voice to
pitch that found the remotest corners OF
the courtroom, to level a s&age attack
at the lawyers for the defeHS.
so deeply have I been impressed with
| this he said. that / have gone to the
extent practically OF serving notice upon
counsel of record in this case that when
this case is over if my Information show
ed them 10 have been in possession Of
knowledge which 1 believe exists, ] VIII
see that the matter is brought before the
appellate division of the Supreme Court.
81 feel bitterly on this because I can
not get the evidence out to lay it before
your honor in this case. There is not a
man who has watched this defendant sit
ting here at this rable"-here the district
attorney turned and shook his fist az
ThaW-''who does not know that as he
sits there, he IS incapable of properly ad-
| vising with his counsel
| All this followed Jerome's demand that
If Or. Hamilton was 10 be allowed TO
testify he must be allowed to tell all that
ne knew dtptt lit case, ana not p6 con-
fined to stating whether he thought Thaw
was sane or insane when he shot Stanford
White.
Gleason Gets Into Play.
Throughout the latter part of the de-
bate between Delmas and Jerome. Glea-
son had been vainly trying 70 poke his
nose into the fray. At last he succeeded
in making an attempt to vindicate him
lly. "and no suggestion has ever been
fer twenty-eight years, he said. excited
Il have pTacticed law in this community
lunprofessional conduct
self from Jerome's implied charges Of
made to me before that my conduct
would be made the subject of an inquiry
before the Appellate division. One Of the
things that this statement Is based upon
here is that these Witnesses sitting here
will say that Thaw is not capable. Now. no
man can come into court and accuse me
Of such a thing and I ask the district
attorney TO ask this witness whether he
viii say that
you may ask him." said the court,
MT. Gleason thereupoD whirled the
CONTINUED OK THIRD PAGE.