Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1907-03-28

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should take charge" w.
He said Of course he woul1 sui
be connected with the case.
New York, March 22.-District At
torney Jerome Thursday presented to
Justice Fitzgerald eight affidavits In
support OF the suggestion he made
Wednesday in the case Of Harry X.
Thaw that the defendant Is now In
such a mental state as to be incap-
able Of understanding the proceedings
against him or making his defense.
Court was in session for less than an
hour, Mr.. Delmas for the defense
stating that their answer to the dis
trict attorneys position was not
ready. Justice Fitzgerald allowed
both sides until Saturday afternoon
at q O'CLOCK to 1lie stcn arridavits as
they desired. There will be no further
hearing in the matter OF the appoint
ment Of a lunacy commission unless
Justice Fitzgerald SO directs.
Neither the jury nor Thaw was In
court Thursday. The jury having
been excused until Friday morning at
10:3O o'clock, there will be a brief
session at that time and formal ad-
iournment until Monday morning an
nounced. BY Monday Justice Fitzger-
aid is expected to be ready to an
nounce his decision. District Attor-
ney Jerome pleaded for permission to
examine DR.. Allen McLane Hamilton
orally. but in the absence of waiver
Of professional privilege on the part
Of the defense, Justice Fitzgerald
said he would not allow the doctor to
be examined at this time. Justice
Fitzgerald added significantly that he
would take judicial notice Of every
thing which had been adduced in evi-
dence during the nine weeks Of the
trial. DR.. Hamilton, It will be re-
membered, testified that in his opin-
ion Thaw Is not at present capaple
Of directing his defense.
Mr., Jerome's affidavits submitted
embraced the opinion Of his seven ex-
pertg who have heretofore testified
and statement by Irwin 8. Cobb, .
newspaper reporter, who gave the
text Of the statement which Thaw Is
sued at the conclusion Of Mr.. Jerome's
long and severe cross-examination Of
Evelyn Thaw.
Mr.. jerome in presenting bis am
dayits called particular attention to
the one signed by DR.. Carlos :. Mac
Donald, who declares he is firmly con-
WINGED that Thaw Is suffering from
paranoia and that while he knew
enough to realize tho nature and
quality Of his act when he shot Stan
ford White, he is now and for some
time past has been incapable Of I'M
Demanding the proceedings against
him
The reporter, Cobb, in his affida-
VT. sets forth the facts connected
with Thaw's dramatic manner OF H.
suing his statement concerning Mr.
Jerome's crosa-examination Of Evelyn
Thaw. All these facts were narrated
at the time the inaistence Of Thaw
that the reporter should sign and seal
an envelope containing the original
Of the statement and compare the
original win the typewriter copies
which were subsequently handed to
him for distribution among the other
newspaper men at the trial
District Attorney Jerome occupied
most Of the time Thursday in a per
sonai explanation Of the reasons
which had hindered him from ear
iIer calling the attention Of the court
to Thaw's present state Of mind. He
said he had long been convinced that
the defendant was Of unsound mind,
but he had no way Of legally bringing
the malltE W tno aeeoAdon
court until d.. Hamilton was put on
the stand BY the defense
Mr.. Delmas declined again to waive
any privilege with regard to Dr.. Ham
iiton on the ground that II the dis
trict attorneys contention Is to the
present insanity Of the defendant Is
sound, his lawyers have no right 70
waivs anything for q lunatic.
Il had been rumored all day that
Mr.. Delmas would not be IN court
Thursday afternoon because Of the
attitude assumed By some o. bis a.
soclnfs counsel wednesday. All the
attorneys were present. however,
when justice Fiftsoraid took his
plsce On the bench. Nj. Dslmas alone
was heard By Justice Fitzgornld'
twice Mr.. Harlrloge attempted TO en-
tsr tho argument but vas raped
Gown hy the Judge
scattering Uncle RHfleirs hfllllons.
NV Yrrf. Unrrn ffl--tnnounco-