Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1907-03-21
Seven Alienists Assert
He is Mentally Un-
balanced
AND CANNOT RECOVER
Verdict of Commission Almost
Certain to Abruptly
End Trial.

New York. March 21-Justice Fitz-
gerald took the bench at 2:0G p. m.
today. to hear affidavits regarding a
lunacy commission. Harry Thaw was
not present.
All Attorneys Present.
All Thaw's attorneys, including Del
mas and Gleason, were in court. When
Justice Fitzgerald announced he was
prepared to hear evidence, Delmas
arose and said he had not been served
with copies of the aiIidavits prepared
under the direction of the district at
tomey until 12:1S p. NJ. today. In a
matter of such Importance as the pres
ent proceedings, he thought, the de
fcnse should nave more time to pre-
pare its answer.
Served at Earliest Moment.
Jerome said he had served copies of
affidavits on counsel at the earliest
moment he possibly could. After pre-
senting the affidavits, Jerome said he
wished to make Il statement on his po-
sition to clear himself of any suspicion
that he has been in possession of
knowledge which had been withheld
from court.
He said il mad been his personal be
lief Traw was of unsound mind, but
could ind TO opportunity to bring the
meter before the court until the de.
fense called DR.. Hamilton.
Has valuable Information.
He is the one man." said Jerome,
who has information which is of i'm
portance in determining the course of
this proceeding" Jerome said on Feb.
Is Flint had informed him Thaw was
incapable of instructing his counsel.
Jerome said he called in other alien
lists and after submitting all evidence
in his possession, they joined in de-
Claring Thaw a paraoniac and that he
should be in an asylum. He said Ham
iton had persistently tried to persuade
him to apply for a commission in lu-
macy.
Refuses to Waive Rights.
Jerome, at the conclusion of the re-
marks, asked Delmas if he would
waive the right of professional privi-
lcge in the case of Hamilton. Delmas
said the proposition was absurd. He
declined to waive any rights of his
client, and objected to the further ex'
animation of DR.. Hamilton by Jerome
Fitzgerald declined to allow the exam
ination of Hamilton.
Jury on TIL Monday.
The hearing was adjourned until to
morrow, when the jury will again be
excused until Monday. Justice Fitz
gerald allowed both sides until Satur
day afternoon TO present additional af
fidavitS.
Commission u Certainty.
New York, March 21.-That Justice
Fitzgerald will appoint a commission il
lunacy to inquire into the present men
tai condition of Harry X. Thaw, seem:
a foregone conclusion. This afternoon
he will hear arguments of counsel OF
both sides of the famous case, and he
plainly intimated yesterday he woult
appoint commission.
VIII Find Thaw Insane.
That this commission will find Thav
is now insane, is the opinion of mos
of those who have closely followed th'
trial. DR.. Allen McLane Hamilton, ont
of the country's most famous alienists
has openly expressed the opinion tha
Thaw is now insane and that he is in
capable of conducting his own defense
DR. Carlos Mcdonald and DR.. Austil
Flint, noted alienists, have expressed
the same opinion, and affidavits are eS
pected from all three, as well as from
doctors who are familiar with the his
tory of the Thaw case and with insar
ity which is said to have been presen
in both sides of his ancestry.
Expect Hard Fight.
That the attorneys for the defens
will make a hard fight to prevent tn
judge from appointing a commission
when court sits this afternoon, is prot
able. From the first the fight has bee
to secure acquittal, and it is not prof.
able that it will be given up so long a
there is the slightest chance it may b
successful. On the other hand Je
ONE is convinced Thaw is now insan,
and will fight just as hard for the al
pointment of commission.
No Bars for Testimony.
TOday's session being informal. tn
rules of law and evidence will not h
enforced and either side may place b.
fore the court any evidence it desire