Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-03-21

family physicians. had told him facts
concerning epilepsy on both sides OF
the prisoners family. but the defense
had failed TO bring out these matters
in the testimony.
Il submitted to the alienists sum-
moned BY the state all the facts In my
possession" said Mr.. Jerome. "ane
they one and all informed me that the
defendant is suffering from a disease
known as paranOia. the chief charac-
teristics of which are insane delusions;
that acting under these insane delus-
ions he killed White. but that within
the legal definition of insanity he
knew the nature and quality of his
act and knew the act to be wrong"
Justice Fitzgerald wanted TO know
IL the alienistS had informed the dis
trict attorney of their opinions before
answering the long hypothetical ques-
tion in court. Mr.. Jerome admitted
that they had. The evidence he SUBJ
mitted to them had not been adduced
i'm court, however, and he could not
put il in the hypothetical question.
"Now, that they have put DR.. Ham
iltgn on the stand" explained Mr.
Jerome. 81 have my first opportunity
of laying before the court testimony
which may demand the attention of
the court. For the first time we have
the real evidence before us, and 7
want it an to go in. Your honor will
support me in the claim that ever
since this trial began | have struggled
to have the doors opened wide that
the facts might be brought out Bun
| have been met with objections and
legal restrictions everywhere
Mr.. Dclmas replied that IL was
i
long possessed the information he was
stating to the court, that he had per-
sisted so long in prosecuting to his
death a man who. be believed. was
insane in the eyes of the law. because
he could not communicate intel
ligently with counsel As to the
charge of unprofessiona conduct. he
had heard it for the first time today,
Mr. Delmas continued. He further
said that the defense had called to
the stand DR.. Hamilton the man
whom the district attorney believed
to know more about the case than
anybody else, and was proceeding to
interogate him when the district at
torney objected.
Here Mr.. Gleason took up the dis
cussion. He rejected the district at
torneys assertion that Thaw was un-
dDle W dhNiSt WITH MS NbhllSNis tAllN
declared that it was the duty of the
court to submit that question to the
jury.
THE court will determine its duty
for itself" replied Justice Fitzgerald.
Mr.. Gleason next demanded, before
the proceedings went further that DR..
Hamilton be interrogated as to
whether or not he thought Thaw in
capable of advising his counsel. JUS
tice Fitzgerald allowed the question,
and the witness replied that he did
not think Thaw capable of advising
his counsel at present.
Justice Fitzgerald demanded that
counsel on both sides submit tomor-
row all the evidence which they pos
sessed touching upon the sanity or
insanity of the defendant. If the de-
fense did not desire to do this, he
said, he could not compel ii, and
would have to proceed without such
evidence from them to combat that
to be offered 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 want to appoint any alien-
lists who had been consulted in. the
case by either side, and desired TO
be given the names of every doctor
so consulted. 1t was agreed that both
sides should submit affidavits tomor-
row.
When the trial adjourned Messrs.
Hartridge and O'Reilly, of Thaw's
counsel, professed the greatest pleas
ure over the turn of affairs.
District Attorney Jerome was man.
ifestly pleased with the idea of com-
mission. He Immediately set to work
preparing the affidaVits
Mr.. Delmas declined to make any
definite statement. He merely salo
that it had been agreed that when
the case reached the stage which de-
veloped today, Mr.. Gleason should
take charge" He said, of course he
would still be connected with the case.
Mrs. William Thaw and Evelyn Nes-
bit Thaw left the court house together
after they had had a brief chat with
the prisoner and told him that victory
was in sight,
When Thaw reached his cell in the
Tombs he began to write at furious
pace, saying that it would be his state
ment to be submitted to the court to-
morrow.