The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-03-21
Prosecuting Attorney Jerome in Open
Court Declares That Defendant Is
Suffering From lnCurable
Form of Insanity.
TRIAL OF CASE MAY BE STOPPED AND
COMMISSION IN LUNACY CALLED
Adjournment Taken Until This Afternoon, When
Court Will Pass Upon This New Phase
of the Case.

NEW YORK. March 20,-The blow
which Harry Kendall Thaw has been
in terror of ever since the murder Of
torncy Jerome did not make formal APP
plication for the appointment of COM
mission in lunacy, but in an impas-
stoned speech he appealed to the con-
science Of the court, declaring that as
Thaw sits daily in court he is incap
able of advising his counsel and is
believed by everyone who has watched
and comes into contact with him TO be
insane
Mr. Jerome asserted that his own
alienists were convinced when they had
considered all the facts in connection
with the case that Thaw was of un-
sound mind Mr.. Jerome dramatically
accused the counsel for the defense Of
concealing testimony which, If pre-
sented to the court, would make the
continuance of the trial crime.
So earnestly did Jerome plead that
Justice Fitzgerald dismissed the Jury
until Friday morning and adjourned
court until o'clock tomorrow after
noon, when he will consider the evil
dence either side has to offer and to de-
eide whether the trial shall go on or
whether a commission in lunacy shall
be appointed to pass upon Thaw s men
tai condition today.
Exciting Scenes in Court.
The scenes attending the adjourn.
ment Of court shortly after l o clock
were dramatic and exciting, Thaw s
counsel seemed taken utterly by sur
prise This was expected to. be the
last day of the trial except for the
summing up before the jury. Soon aft
er the tbree-cornered discussion among
Justice Fitzgerald, District Attorney
Jerome and Mr.. Delmas began, Thaw S
FIVE other attorneys gathered one by
one around the Judge S desk and for a
time seemed intent upon denying what
the court had termed the charge of I'M
professional conduct brought against
them by the prosecuting officer.
Tbew, detected, pale and dispirited
at his counsel s table, flushed crimson
as one by ono his attorneys left him
to rally to the support of Ny. Delmas,
who. however, in the midst of the pro-
ceedings. was superseded by Attorney
John B. Gleason. Thaw bit his nails,
opened and closed his hands nervously
and finally sank down in his chair in
la Of Jp
adjoining room, where they could hear
the excited and uplifted voices of coun.
sci wrangling on with the other, stood
Mrs. William Thaw, the mother, and
Evelyn Nesbit Thav-, the wife, who had
barred the secrets Of her soul in the eff
fort to save her husband from the cleo
trio chair and from the fate which he
declares he drends more-a madhouse
How Climax Game.
The climax of the nine weeks trial
was precipitoted by the action of the
defense in calling 10 the stand Dr.
Allan Mclean Hamilton, the aIicnist.
who was first called into the case by
Thaw s original lawyers. Black, Olcott.
Gruber & Bonynge, but who was
dismissed, together with them, when he
reported that Thaw was suffering from
form of paronoia, which might never
be cured II was the intention Of Mr..
Delmas to interrogate DR.. Hamilton
only with reference to four visits he
made 10 Thaw in June and July. Mr..
Jerome promptly objected, saying that
if DR.. Hamilton was to testify at all
he must tell everything he knew in con
nection with the ease, including the
defendant 5 family history. The argu-
ment which eusued became so pert.
nent To the question of the present
sanity or insanity of the defendant
that Justice Fitzgerald told the jury to
retire from the room. Then the dis.
cussion took on that broader range.
which resulted in the court S determi-
nation, before proceeding further, to
have presented TO him the facts which
the District Attorney asserted had been
from the jury by tho defense.