The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-03-21

New York March 2O.-The blow which
Harry X. Thaw has been in terror of
ever since his trial for the murder of
Stanford White began, fell today. Dis
trict Attorney Jerome did not make for
NAL application for the appointment Of
a commission in lunacy, but in an inn
passioned speech he appealed to the con-
science of the court. asserting that Thaw
as he sits daily in court is unable in
telligently to advise his counsel and is
believed by every one who has watched
and come into contact with him, to be
insane. Mr.. Jerome asserted that his
own alienists-the six men who testified
for the state, were convinced when they
had considered all the facts in connec-
tion with the case, that Thaw was OF
unsound mind.
Mr. Jerome drama tieally accused the
counsel for the defense of concealing
testimony which, if presented to the court,
would make the continuance of the trial
a crime So earnestly did he plead that
Justice Fitzgerald dismissed the jury un-
ill Friday morning, and adjourned court
i'm ths absence of the panel. he will con-
sid,s- whatever eyidanee- eSther side has
10 ,rer and decides wlietBer lie trial
shall go on, or whether commission
in hnacy shall be appointed to pass
upon Thaw's mental condition today.
The scenes attending the adjournment
of court shortly after 1 o'clock were
dramatic and exciting. Thaw's counsel
seemed taken utterly by surprise. This
wa, expected to be the last day of the
trial, except for the summing up before
the jury. Soon after the three-cornered
discussion occurred between Justice Fitz-
gerald, District Attorney Jerome and Mr..
Del:nas, Thaw's five other attorneys
gathered around the judges desk and for
a time seemed intent upon denying what
Il. court had termed the charges of
unprofe ssional conduct, brought against
them by prosecuting officer.
Thaw Detected.
Thaw, detected, sat deserted at counsels
table. He had seemed unusually pale
and somewhat haggard when he came
into court at the beginning of the morn
ming session, having complained of fa-
tgue and rest.essness. When the dis
trict attorney and Mr. Delmas began
Their usual early morning skirmishes,
soon after the trial started, Thaws spirits
seemed to brighten and he laughed in
good humor at some of the passages.
AS the argument began TO take on
more serious phase, however, the priso-
ner SAT- deeply concerned. He flushed
crimson as one by one his attorneys left
h. to rally to the support of Mr. Del
mas who, however, in the midst of the
proceedings was superseded by Attorney
Gleason Thaw bit his nails. opened and
closed his hands nervously and finally
sank own i'm his chair in an attitude of
utter detection In an adjoining room
where they could hear the excited and
uplieted voices of counsel wranglng with
ons another. stood Mrs. William Thaw,
mother. and Evelyn Nesbit Thaw wife,
who had barred the secrets of her soul
in The effort to save her husband from
tie electric chair. and from the tate
which he declares he breast most, the mad
house.
Climax Precipitated.
The climax of the scene was precipitated
by the action of the defense in calling
to the stand DR.. Allan McLane Ham
iltor, the alienist who was first called
into the case by Thaw's original coun-
sci, Black, Olcott, Gruber and Bonynge,
but who was dismissed together with
them when he reported Thaw was suf-
fering from a form of paranoia which
might never be cured.
1t was the intention of Mr. Delmas to
interrogate Dr. Hamilton only with ref
erence to four visits he made to Thaw in
June and July last Mr.. Jerome prompt
" objected to this course. He said il
DIR. Hamilton was to testify at all he
must tell everything he knew in connec-
ton with the case, including the de-
fendant's family history The argument
which ensued became so pertinent of the
question of present sanity. or insanity of
the defendant. that Justice Fitzgerald
ordered the jury TO retire from the room.
Then the discussion took on that broader
range which resulted in the courts de-
termination before proceeding further to
have press ated to him the facts which
the district attorney 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.
s'If the real facts were known" de-
cared Mr.. jerome, Il have no right to
be here trying this man for his life But
the knowledge l have cannot be put In
legal form before the jury. 1t is mostly
hearsay but If / could get the facts be-
fore you they would shock and horrify
the conscience of the court and instantly
this case would be stopped. So deeply
have / been impressed with this that l
have served notice on the counsel Of rec
ord that if when this trial is concluded
/ find that they were in possession of
facts which l believe to be in their pos
session, | shall call the matter to the
attention of the appellate division of the
aupreme court. | feel very bitterly about
.,d,ls matter There is not man who has
ale} tched this defendant sitting here at
Ofncs nours: s:3v .nr...t AVID Aas he
Ddox 10 An. To N.