New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-30
ALIENIST TO TESTIFY.
HAMILTON SUBPGNAED.
His EUSdenee Precipitated ThGSO
C0mmissiOm-Defence Worried.

Tt was learned yesterday that the commission
snquiring into the sanity Of Harry x. Thaw had
notified the District Attorney through Chairman
Mcclure OF its desire to have DR.. Allan McLane
Hamilton appear before IT. DR.. Hamilton viii be
called this morning.
Thaw's counsel are greatly worried by this
decision, as DR.. Hamilton has already stated
that ne believes that Thaw is mentally inca
pable The alienist IS said TO be convinced that
the defendant is suffering from paranoia and is
insane not only medically, hut legally.
As the commission was adjourning on Thurs
day Chairman Mcclure turned 10 the District
Attorney and said:
You viii have those witnesses. Won't your
What witnesses?" asked AIr. Jerome.
''Why, those Witnesses"
Il viii have any one you desire subpenacd
for you"
Chairman Mcclure then decided that he would
Ike 10 have DR.. Hamilton called.
Early last summer. when Dr. Hamilton was
retained by the defence or at least by ex-Judge
William n. x. Olcott, the then counsel he was
given an enormous amount OF data which had
been collected about Tlaw. These data referred
not only 10 various esc2pades in this country
but in Europe rs wen. It was on these data.
taken into consideration with evidence OF heredi-
taTy insanity in the Thaw family and examina-
tons Of the defendant, that DR.. Hamilton ex-
pressed his final opinion that Thaw is insane.
Besides Dr. Hamilton. Or. MCGUIRE the pres
ent physician in the Tombs, and Dr. Campbell,
former physician. have been subpqnaed by the
defence. on request Of the commission. Several
OF the attendants n the Tombs. including War
den Flynn and Deputy Warden Fanley, have
also been subp@naed They are al, il is under
stood. Of the belief that Thaw IS rational.
should al OF these witnesses be examined the
commission would scarcely be able to give its
decision by Monday morning. when the jury is
10 reconvene and The termination of the trial
by the end Of next week could not be reached, as
had been hoped.
District Attorney Jerome and his assistant,
Mr.. Garvan. We're silent yesterday as 10 any
future action. A published story that the Dis
frict Attorney con:cmpla:cs asking for IN i'm
mediate new trial if the commission finds Thaw
sane was laughed at. Mr. Jerome. il is under
stood is not considering any future measures
until the lEnacy commission announces its deci-
sion. IN any event, II was said. there could not
be any second trial until the first one was I'm
ished
From time TO time it has been limited that in
the event OF Tlaw being found insane his wife,
Mrs. Evelyn Thaw. would be induced to sue for
an annulment of the marriage on the ground
that Thaw was insane at the time the ceremony
was performed in Pittsburg in April. 1905. A
lawyer interested in the case investigated the
revised statutes Of Pennsylvania and found that
there is no provision permitting a wife to seek
annulment divorce on The grounds of the
husbands insanity. But there is a clause which
says that a husband. if his wife was insane at
the time OF the marriage. may seek a divorce.
Under the Pennsylvania laws, therefore. Airs.
Thaw would be powerless to take any action