Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-03-21

the court For the first time we have the
real evidence before us, and want 1t all
to go in. Your honor will support me In
the claim that ever since this trial began
I have struggled to have the doors opened
wide that all the facts might be brought
out. But have been met with objections
and legal restrictions everywhere"
DeImhs Replies to jerome.
Mr.. Delmas replied that 1t was strange
If the district attorney had so long pos
sessed the information he was stating to
the court that he had persisted so long
in prosecuting to his death a man who he
believed was insane in the eyes Of the
law because he could not communicate
intellgently with counsel. AS to the charge
Of unprofessional conduct, he had heard
it for the first time today, Mr.. Delmas
continued He further said that the de-
Tense had called to the stand DR. Hamil-
ton, the man whom the district attorney
believed to know more about the case than
anybody else and was proceeding to in
terrogate him when the district attorney
objected. d
Here Mr.. Gleason took up the discussion
He rejected the district attorneys asser-
ton that Thaw was unable to advise his
counsel and declared 1t was the duty of the
court to submit that question to the jury.
1.-THE court will determine its duty for it.
self" replied Justice Fitzgerald.
Mr.. Gleason next demanded before the
proceedings went further that DIR. Hamilton
be Intercepted as to whether or not he
thought Thaw capable of advising his
counsel. Justice Fitzgerald allowed the
question and the witness replied that he did
not think Thaw was capable OF advising
his counsel at present
Justice Fitzgerald demanded that counsel
on both sides submit to him tomorrow all
/ the evidence they possessed touching upon
the sanity or insanity of the defendant
/ II the defense did not desire to do this, he
said, he could not compel it, and would
have TO proceed without such evidence from
! them to combat that to be offered by the
district attorney.
Justice Fitzgerald even went so fas as
| to discuss the personnel OF possible COM
! mission in lunacy. He said he did not wish
to appoint any alienists who had been con-
suited in the case, by either side, and de-
! sired to be given the names Of every
doctor so consulted. II was agreed that
both sides should submit affidavits tomor-
row.
Defendants Lawyers Pleased.
When the trial adjourned Messrs Hart
ridge and O'Reiny Of Thaw's counsel pro
fessed the greatest pleasure over the turn
of AFFAIRS.
THE district attorney mas acknowledged
himself beaten" said Mr.. Hartridge. 1--WE
can combat the lunacy commission. IT
the meantime the district attorney has
acknowledged that he believes Thaw wal
insane when he shot Stanford White. THAI
ought to give us an acquittal"
District Attorney Jerome was manifestly
pleased with the idea OF a commission. He
Immediately set to work preparing am
davits He will be able 20 place befort
Justice Fitzgerald tomorrow all the testi
mony he has been unable to get before this
jury.
Mr.. DelmAs declined to make any definite
statement. He merely said that 1t had beer
agreed that when the case reached tbs
stage which developed today Mr.. Gleason
should take charge" He said, OF course
ne would still be connected with the case
Mrs. William Thaw and Evelyn Nesbit
Thsw left the court house together after
they had had a brief chat with the pris
oner and told him that victory was II
sight.
When Thaw reached his cell in the Tombs
he began TO write at furious pace, saying
| II would be his statement to be submitted
! to the court tomorrow.