New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-21

vie and Or Diefendorf-aU men Of large expert
ence-Dr Diefendorf the head OF tnS sein tbs
defendant he sat the table IN G9urot ~ t he
seven nen@Dr Macdonald was not called to the
stand because he IS acting pTactcailg al tISat
tihc counsel and thought u nor sIi! testf[-
physician Occupying that position should vssd me
that The defendant is suffering rom ron I = IN 49,
called Daranoia a mental disease. the cnlel ClSlT-
Mat svstematized character that. acting under
those insane decisions. he killed Stanford Wnlf I
INT that within the legal definition of insanity ne
hhV" ~ Us djscbarping into the body of Stanford
White a loaded pistol and that it a loaded
pistol and would probably Kill STANFORD Wmte anu
Land and therefore that it was wrong; and that
i'm their judgment. while he knew the nature an1
he vas in that state Of unsoundness of mind that
rendered him incapable OF advising counsel on ms
defence on the merits.
Mr. Gleason then interposcd to retute the
charge brought by Mr.. Jerome. He examined
Or. Hamilton. being granted permission by the
court. but the answers did not tend to aid the
defence The court then asked Mr.. jerome II M
made an application of airy kind. and the Dis
trict Attorney replied:
There is no application Of any kind made For
the frst time the District Attorney. by reason oi
able 10 lay before the court sworn testimony III H.,
matter OF character that It mlg g ddence he
ing here aud avsiia BILE. the District ATTORNEY haS
1900 e. His duty to suggest on the record for
such action as the court might see fit to take that
The DEFENDANT as he now sits at the counsel table
H os ,,psofnd mind ana incapable of advising his
- U IN the merits Of the case The District At
torney has r0ade no application. The Dlstrlct AZ
can he proved. and merely states it on the record
that that is the position Of the defendant, anu
leaves it to the court 10 take such actloh aS us
conscience advises
Air Demas-Of course II the court please. a
mere suggestion Of this kind cannot be made eX-
cent II be to call your honors attention 10 this
of the essential lnfornato1 WhlCh Cs ieI ,r is an
trict Attorney brings before your honor Is IN
Bingaman ara Ut. DeenaI severn 5t,N =, ti,e
showing he claims. the faint OF insanity IN me
IN MS mind. derived from these physicians reaIlz-
ing. according TO the present standpolnt, Iie NJ NJ
Bingaman and Dr.. Doamar were brought mere at
his request. and Their Information coula Hafe S
IA boo, Tho nTrose Of The learned District At
nae 1eef that Tine instead Of which. with this in
formation I'm his mind for weeks since nc ohtalreh
we have a s !i ar ,t 'o'. q. '"'
the same time he states that he has known and
been Convinced that during all Of that time he was
so absolutely insane that, in the eyes OF the law
he ought not L. nave ne - t.,,'} - .,,
Those facts. If your honor please, ought to supple
ment the facts that have been stated ana IN or1ef
the character and tho value of the mere sugges-
lions made.
The charges Of unprofessional conduct were
brought up again by Mr.. Gleason and the court
said:
From the statement made by the District Attor-
ney it IS only made when II is necessary to 10
brought before the court It is tniug that tho
court is unable TO determine by merely looking AZ
the defendant. and &c is something that the court
will not undertake Now ii tie court can start any
process for the purpose Of enlghtening its con
science in order that the may be fairly gov
crned in the matter, ask thac al! the information
regarding what is proposed 10 be submitted 70 the
Appellate Division and everything of that kind be
laid before I may not have any means OF en-
forcing that, but l make that demand now. as an
appeal has been made 10 my conscience. My ear
and my conscience are always open
that has been made by the District Attorney 1
learned of for the FIRST time this morning. This
matter IS something
The Court-lt is a charge Of unprotessional con-
duct on the part of counsel
Justice FitzGerald adjourned court consider
ably after the regular time. after telling both
counsel 10 submit all facts In their possession
to him for consideration