The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-04-03
Facial Expression Good.

Dul DelOTef
Facial Expression Good.
II can't say that there was ever any
thing more than a highly excited or
| overweight condition.
The witness never noticed anything in
| Thaws facial expression which suggested
irrationalty Thaws conversations were
rational and at sometimes seemed unusu-
ally keen.
District Attorney Jerome asked Mr..
Wade if the first conversation he had
with Thaw after his arrest was rational or
irrational.
Thaw, who sat inside the inner rail
with his counsel tugged at Mr.. Hartridge' $
coat sleeve and said in an audible whis-
per: "Object to that"
Mr.. Hartridge did So but the question
was allowed.
His conversation at the time" said Mr..
Wade, was rational"
The Rev. Luke J. Evers. who conducts
the Roman Catholic services in the Tombs,
also was called as a witness. He declared
he had discussed many topic with Thaw,
including religion, and always found him
rational
Mr.. Jerome asked Dr. Allan McLane
Hamilton to take the stand
Published to World.
Mr.. Jerome argued that notwithstanding
the fact that the jury had retired when
DIR. Hamilton made the statement as to
Thaw's present mental disability, it was
testimony given in open court and was
published to the world He then quoted
from a decision of the court Of appeals in
which it was held that the professional
privilege as between physician and patti
ent could not be used both as a sword
and shield. Once published the facts
could not again be concealed behind the
cloak of privilege. He went on to point
out what he claimed were three separate
and distinct waivers of privilege as re-
CARDS DIR. Hamilton.
Mr.. Hartridge declared the district at
torney had not accepted the agreement to
have DIR. Hamilton tell all.
Commissioner Olney here began to in
terrogate District Attorney Jerome.
you claim Thaw has been insane all
through his trial?"
Yes, sir"
Then how can you contend that these
attorneys can waive a privilege for an in
sane person? If they were in a position
to waive the privilege don't you reach the
justification that their client must have
been sane? Do you reconcile the two
points? The question has arisen in my
mind and L thought you might care to
address yourself to the point"
THE burden of proof in this proceed
ing is placed on me-" Replied Mr.. Je-
rome, land I did not know the commits
sion was open minded
Mr.. Olney interrupted: II asked you a
civil question in a civil manner" he said,
land / suggested that you might care to
discuss the matter. If you do not all
right"
Mr.. Hartridge here objected to Dr..
Hamilton testifying, on the ground that
his examinations of the defendant were
too remote to have any bearing on the
question of Thaw'e present state.
Hamilton Testifies.
Chairman Mcclure announced the COM
mission had decided to allow DR.. Hamil-
ton to testify. The defendants counsel
noted an exception.
Mr.. Jerome asked the witness to tell
what he observed on his first visit to
Thaw in the Tombs on Juen q, last.
II saw a person. said the witness,
"who had suffered from some intense
shock. His manner was strange. He
was pale and nervous and his eyes were
fixed on some distant part of the room
over the heads of the men who were ex-
aiming him. The whites of his eyes
were muddy and his face twitched on the
right side"
employed by the district attorneys office
also were present at his first visit to
Thaw. The defendant was suspicious of
them and asked:
what is the meaning of all this?'
DR.. Hamilton, who had known the pris-
oner for several years, asked him to talk
freely to the physicians, but he declined
to do so.
when did you next see the defen-
dant?'' asked Mr.. Jerome.
1.-THE next daytime %, In the hospital
ward of the Tombs. Thaw came into
the ward and stopped down and looked
under all the beds. I told him I wanted
to make medical examination, but he
objected and said he was not insane ard
that there was nothing the matter with
him. We talked of the crime and he
showed no remorse whatever. / asked
him If he had any concern as to what
ne had done and he said none whatever.
He never mentioned Stanford White by
name"
Mr.. Jerome asked:
Not Rational.
I'm your opinion is this defendant at
present in a condition capable of under
standing the proceedings and charges
against him and of nationally advising
his counsel?"
I'm my opinion he is not
DR.. Hamilton was sharply cross-exam-
ined by Mr.. Hartridge. The witness de-
MED that he was irving to get Thaw