The Montgomery advertiser., 1907-03-21

OJ phySiSAdh
 Mir. Jerome said that Doctors Binga, man and Deemar. two of the Thaw fam fly physicians had told him facts con. cerning epilepsy on both sides of the prisoners family but the defense hac failed to bring out these matters ir the testimony.
 T submitted to the aIienists sum. moned by the State all the facts in my possession" said MT. Jerome, "ant they, one by one, informed me that tho defendant is suffering from a disease called paranoia, the chief characteris. tics of which is an insane delusfon killed Stanford White but that within the legal definition of insanity he knew the nature and quality of his act and knew the act was wrong"
 Justice Fitzgerald wanted to know if the alienists had informed the Dis trict Attorney of their opinions be- fore answering the long hypothetical question in court. Mir. Jerome admit ted that they had The evidence he submitted to them. had not been ad- duced in court, however, and he could not put it in the hypothetical Ques- tion.
 Now that they have put Dr. Ham, ilton on the stand" explained Mr Jerome, T have my first opportunity of laying before the court sworn testi- mony in matter of character which may demand the attention of the court For the first time we have the real evf- dence before us and I want 1t all to go in. Your honor will support me in the claim that ever since this trial began I have struggled to have tho doors opened wide that all the facts might be brought out But have mst with ob1actions and legal restrictions everywhere"
 DeEnans FIghSu Back.
 Mir. Delmas replied that 1t was very strange if the District Attorney had so long possessed the information he was stating to the court that he had persisted so long in prosecuting to his death man whom he believed was insane in the eyes of the law because he could communicate intelligentiy with counsel
 As to the charge of unprofessional conduct he had heard it for the first time today, Mir. 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 interrogate him when the District At- torney objected.
 Here Mir. Gleason interposed himself in the discussion. He rejected the Dis trict Attorneys assertion that the de- fendant was unable to advise his coun- sel and declared 1t was the duty of the court to submit the question to the jury.
 The court will determine It's duty for itself" replied Justice Fitzgerald.
 MT. Gleason next demaided before the proceedings went further that Dr. Hamilton be interrogated as to whether or not he thought Thaw can able of advising his counsel at the present time. The doctor declared he was not, and said further that he had so reported to counsel in the case.
 Justice Fitzgerald demanded that counsel on both sides submit to him tomorrow all the evidence they pos sesser touching upon the sanity or in- sanity of the defendant If the defense did not desire to do this he Said. he could not compel 1t, and would have to proceed without such evidence from them to combat that to be offered by the District Attorney. Justice Fitz- gerald further said that if the pro- fessional privilege was pleadsd to bar any of the testimony pr. Hamilton had to offer. 1t would be construed as meaning that the defense did not de- sire that testimony to go into the re- cord.
 Personnel of Commission.
 Justice Fitzgerald even went so far as to discuss the personnel of a possi- ble commission in lunacy. He said he did not wish to appoint any alienist who had been consulted in the case by either side, and desires to be gwen the names of every doctor to be consulted It was agreed that both sides should suhnnft af7daVits fomorrow
 When the trial adjourned, NIT. Hart ridge and MT. O'Reilly of Thaw's coun- sel, professed the greatest pleasure over the turn of affairs.
 The District Attorney has acknowl- edged himself beaten,' said MT. Hart ridge. We can comb at the lunacy commission. In the meantime, the Dis trict Attorney has acknowledged that he believes Thaw was insane when he shot White. That ought to give us an acquittal."
 District Attorney Jerome was mani festly pleased with the idea of a com He immediately set to work affidavits. He will be able to place before Justice Fitzgerald tomor- row. all the testimony he has been un- able to get before the Jury.
 Mir. Delmas declined To make any definite statement. He merely said that it had been agreed That when the case reached the stage which develop ed today, MT. Gleason would take charge"
 Mrs. William Thaw and Evelyn, Thaw left the court house together af- ter they had a brief chat with the prisoner and told him that a victory was in sight It will be recalled that the elder Mrs. Thaw was anxious to tell about the influence of heredity in- sanity in the Thaw family when she was on the stand but had been cut short by counsel.
 When Thaw reached hiR cell in the Tombs he began to write at a furious pace, saying 1t would be his statement to be submitted to the court.
 Gleason in Charge.
 MT. Delmas said tonight that until the trial was resumed, he would have