The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-20

Your honor" said Mr.. Delmas. has
permitted us to give certain conversa-
tions of Thaw's in evidence, 1 propose
to ask DR.. Hamilton to tell all that oc-
CURED on his four visits to Thaw. AZ
ter l have proved that this witness
was of the opinion that Thaw was in
sane, L propose to ask him regarding
the conversations.
Justice Fitzgerald declined to reverse
his decision.
Mr.. Delmas then asked: Did you
form opinion, doctor?''
Justice Fitzgerald said the witness
might answer this yes or no.
He Had en Opinion.
Yes" replied DR.. Hamilton
state what that opinion wasp
Mr.. Jerome's objection was sustained
Justice Fitzgerald said if he allowed
Dr. Hamilton to testify at this stage
of the case it might entail the re-exam-
inatiol of all the experts for month to
come.
''As long as there is legal force to the
objections of the district attorney"
said the judge. 4 will decline to inter-
fere as a matter of discretion
Mr. Delmas was persistent and asked
Dr. Hamilton If, as result of his four
visits he had reached an opinion as to
the state of Thaw's mind on the 25th of
June last.
Mr.. Jerome objected, saying the ques-
tion was not proper surrebuttal. but
Justice Fitzgerald allowed a yes or no
L did form an opinion" said Dr.
Hamilton.
please state to the jury your opinion
as TO whether or not Thaw was insane?"
Mr.. Jerome objected and was sus-
tanned.
Mr.. DeImas then asked for Is min
utes' recess for a consultation of coun-
sell This was allowed.
DR.. Hamilton resumed the stand after
the recess and Mr.. Delmas asked and
received permission to read to DIR.
Hamilton the Indictment against Thaw.
1t was read in an undertone.
I'm your opinion" asked Mr. Del
mas, ''in view of the knowledge you
acquired as to the mental condition of
to him. did he know what the act set
forth in the Indictment was wrong?"
Mr.. Jerome's objection was sustain
Mr.. Delmas repeated the question in
various forms. He met each time
with an objection from the district at
torney which Justice Fitzgerald in
variably sustained.
He then announced that as the re-
suit of the consultation of counsel he
was ready to accept Mr.. Jerome's Of
fer to tell all he knew about the case
Of Harry K. Thaw.
IF counsel wishes to conduct full
inquiry including the hypothetical
question of the district attorney. I will
not offer an objection" said Mr.. Je-
rome.
Mr.. Delmas then said: Now. doc
tor. state all the facts that you
learned or observed during your four
visits to the defendant.
Jerome Amends.
To this Mr.. Jerome added: Include
HI you learned as to the family his
,ory on both sides while you were in
he case"
What does the learned district at
-orney mean by while you are in this
case,'" asked Mr.. Delmas.
Il mean before you came into the
,ase,' replied Mr.. Jerome.
Mr.. Delmas then said that District
Jerome had repeatedly stat
I'd in court that if he were honestly
convinced that Thaw was insane when
he time of the court in trying him.
We propose now by your own wit
less," said Mr.. Delmas. ito honestly
you that Thaw was insane"
At this point Justice Fitzgerald said
lie thought the jury should retire. |
They did so.
Mr.. Jerome began an impassioned |
address to the court in an effort to |
show what his offer to withdraw his
objections and allow DR.. Hamilton to |
testify was based en-.
Il want to explain and make my |
position clear. AS 1 understand the |
natter DR.. Hamilton, who was origin
ally called into the case by the de- !
tense, is ready to testify that in his
opinion this defendant was insane |
hat he was of unsound mind when he |
the homicide and that as
ne sits at the table he is suffering |
rom a mental disease known as
0aranoia, a disease in which the suf-
'erer, until the last stages of the dis
ease, is capable Of knowing the nature /
md quality of his acts. / understand !
CO
counsel and that his counsel |
vas then changed.
"I am willing to throw open the
loor wide and I ask to let all these
Mr.. DelmaS confining his questions to
hese four visits and keep me down to
he close limits of evidence and not
De allowed to go into the real facts of
he case.
No Right to Try Thaw
Your honor knows continued
District Attorney Jerome. what my
position here has been all along. We
nan if the real facts are known. Your
honor knows that I have tried ever
ince this case opened to bring out
hese facts and that 1 have not been
Lble to do 90.
IF the real facts as to the mental
condition of this defendant can be
brought out the court would be shock
d and horrified and would stop this
rial instantly. So completely have I
,een impressed with all this that 1
erved notice on the attorney of record
hat when this case is over. if 1 am
that they possess the facts
hat 1 believe they possess 1 will lay
he matter before the appellate di
-ision CT the supreme court. There is
lot a man who has seen this defend
mt sitting there at the table who be-
ieves he is capable of advising coun-
ell. We are today trying a man who
S insane while under the law he is
ane. He is a paranoiac. and while he
5 insane, he is not insane in the eyes
f the law. for strictly spea king, he
,nows the nature and quality of his
cts.
"A man named Taylor went to death
Inder exactly similar circumstances.
he appellate court said that he was