The Montgomery advertiser., 1907-04-03

the Tombs. also was called as a witt ness. He declared he had discussed many topics with Thaw, including re- Iigion. and always found him ration al MT. Jerome asked Dr. Allen Mo- Lane Hamilton to take the stand. MT. Jerome argued that notwith- standing the fact that the jury had retired when Dr. Hamilton made the statement as to Thaw's present men, tai disability. 1t was testimony even in open court and was published to the world. He then quoted from a decision of the court of appeals in which It was held that the profession al privilege as between physician and patient could not be used both as a sword and shield. Once published. the facts could not again be concealed behind the cloak of privilege, Mir Je- rome declared. He went on to point out what he claimed were three sep- arate and distinct waivers of privil- ege as regards Dr. Hamilton. Mir. Hartridge declared the district attorney had not accepted the agree ment to have pr. Hamilton tell all. Commissioner olney here began to interrogate District Attorney Jerome. You claim Thaw has been insane all through his triai7" Yes, sir"
 ihen, now can you contend that these attorneys can waive q privilege for an Insane person? If they were in a position to waive the privilege, don't you reach the foundation that their client must have been sane How do you reconcile the two points? The question has arisen in my mind and I thought you might care to address yourself to the point"
 The burden of proof in this pro- rI Jerome, and I did think the commis- sion was open minded"
 MT. Olney interrupted. T asked you civil question in a civil manner" Le said, and l suggested that you might care to discuss the matter. If you do not all right"
 MT. Harfridge here objected to pr. Hamiiton testifying on the ground that his examinations of the defend- ant were too remote to have any bear ing on the question of Thaw's pres- ent mental state.
 Dr. Hamilton Testiffes.
 Chairman Mcclure announced the commission had decided to allow pr. Hamilton to testify. The defendants s counsel noted an exception.
 Mir. Jerome asked the witness to tell what he observed on his first visit to Thaw In the Tombs on June 27 last.
 T saw person." said the witness, who had suffered from some intense snock His manner was strange. He was pale and nervous and his eyes were fixed on some distant part of the room over the heads of the men who were examining him The whites of his eyes were muddy and his face twttched on the right side.
 Dr. Hamilton said that three experts employed by the district attorneys office also were present at his first visit to Thaw. The defendant was sus- picious of them and asked:
 What is the meaning of all this7"
 Dr. Hamilton, who had known the prisoner for several years. asked him to talk freely to the physicians, but he declined to do so
 When did you next see the defend- ant2' asked MT. Jerome.
 "The next day--June 2s--in the hos pital ward of the Tombs. Thaw came into the ward and stopped down and looked under all the beds. told him I wanted to make medical exaininh- ton, but he objected and said he ] not insane uTtp p-tkHt~ t1fare was n0thii.ss the matter with him. We talked of the crime and he showed no remorse whatever. l asked him if he had any concern as to what he had done and he said. none whatever. He never men tioned Stanford White by name.'
 MT. Jerome asked, Tn your opinion, Is this defendant at present In d con dition capable of understanding the proceedings and charges against him and of rationaliy advising his coun- sel?'
 Tn my opinion he is not"
 Physician Cross Questioned.
 pr. Hamilton was sharply cross-ex- amined by MT. Partridge. The wit ness denied that ne was trying to get Thaw committed to the Mattewan asylum when he visited him first in the Tombs. He admitted, however, that he had communicated with Dr. Lamb. the superintendent at Matte wan and had advised the Thaw family to retain Dr. Lamb.
 Do you think that as profess sional man--as a physician employed by the defendant--it is your duty to come here and testify against him?" asked Mir. Hartridge.
 When a man Is trying to commit ssicide I would deem it nv duty to try to save him." replied the witness. and when an insane man is being tried for murder. deem 1t my duty to try to save his life."
 The commission admitted In evil dence here a note written by Thaw during his trial. MT. Hartridge pro- tested. saying the note mad been given out "in some mysterious manner to the newspapers.
 After having Dr. Hamilton read the letter MT. Jerome asked him what form of insanity he thought Thaw was suffering with.
 Chronic delusion insanity. other wise known as paranoia."
 Dr. Hamilton was not permitted to say what the percentage of recovery in paranoia was.
 Thaw's Deiusi0nS.
 Questioned by the commission, Dr. Hamilton described what he termed Thaw's delusions. One was that his counsel and others had conspired with the district attorney to put him in an asylum. Another was that he acted