Los Angeles herald., 1907-03-21
JURY DISMISSED
UNTIL FRIDAY AND
MAY BE DISCHARGED
BY Associated Press.

BY Associated Press.
NEW YORK, March 20.-The Thaw
trial opened today with a decided sur
prise. Attorney Delmas for the de-
fense withdrew the offer of the letter
which he wanted put in evidence yes
terday noon, written by Harry Thaw
to j. Denniston Lyon, banker of Pits
burg.
Following this Mr.. Delmas turned to
the clerk and said:
call DIR. Allan McLane Hamilton"
Dr. Hamilton is the alienist who has
been under subpoena by both the de-
fense and the prosecution at various
stages of the trial. DR.. Hamilton has
stated the belief that not only was
Thaw insane when he shot White, but
has remained so. He does not appear
as an employe of either side. has pub
licly declared so, and has held himself
ready to take the stand any time and
give impartially the results of the eX-
aminations he has made of the defend
ant shortly after the tragedy.
DR.. Hamilton said that with other
alienists he had seen Thaw soon after
his Incarceration.
WAS there any medical or physical
examination at that timer asked Mr..
Delmss.
There was a medical examination,
as far as it went" replied DR.. Ham
ilton.
What was that examination?"
jerome objects
Mr.. Jerome objected. This re-
opening of the whole case,' he argued.
"Dr. Hamilton's evidence has no place
here. 1t belongs in the case in chief
and not in rebuttal."
"The district attorney" replied Mr.
Delmas, has on several occasions
called your honor's attention to the
fact that he is a quasi judicial officer.
He has no right to come in here now
and attempt to shut out the truth"
THAT Is not so,' broke in Mr.. Jer-
ONE. "If the objection is made on that
ground, I will withdraw my objection.
am willing to reopen the case and let
all the truth come out on cross exam
ination. But if it is the purpose to
bring out only part of the truth, GER
tainly shall object"
Il have no stipulation to make with
the district attorney" said Mr.. Del
mas.
"Then it is you who do not want the
truth to come out" said Mr.. Jerome.
Delmas went on to argue that the dis
trict attorney had himself subpoenaed
Or. Hamilton and insisted that Mr..
Jerome had promised to call DR.. Ham
| ilton, and had failed to do So
We propose to prove by this i'm
partial witness that when this alleged
| crime was committed this defendant
was insane and could not know the
nature or quality of his act or that the
act was wrong" said Delmas.
Offered to Waive Objections
Il offered to waive all objections to
Dr. Hamilton testifying so long as he
was allowed to tell ALL" said Mr. Je-
hn 1nn
| Pacific slope offered to throw open the
doors at the beginning of the trial, but
when l put the photographer upon the
stand to fix the dates by which'I could
prove an alibi for Stanford White, the
doors were shut tight"
Mr.. Delmas repeated his arguments
and after he had finished Justice Fitz-
gerald said; This is not discretion
| ary matter. On the records in the case
I must rule according to the law. The
objection is sustained"
Mr.. Delmas said that as Jusctice
Fitzgerald had ruled on only one oues-
tion put to the witness, he would pro-
ceed to ask others. How many visits
did you make to the defendant, doc
tor?' asked Mr. Delmas.
Dr. Hamilton said he had visited
Thaw four times.
"As a result Of these visits were YOU
of the opinion that Thaw at that time
| was insane?"
Mr.. Jerome was sustained in his OBJ
lection.
Mr.. Delmas then asked:
Did you form any opinion?"
state what the opinion was"
Mr.. Jerome's objection was sustained
Fitzgerald Sounds Warning
Justice Fitzgerald said If he allowed
DR.. Hamilton to testify at this stage OF
the case it might entail the examina.
ton or all the experts for a month tC
come.
Mr.. Delmas asked for a fifteen
minute recess for a consultation Of
counsel This was allowed.
DR.. Hamilton resumed the stand aftel
the recess and Mr. Delmas asked anc
received permission to read to DIR
Hamilton the Indictment against Thaw
1t was read in an undertone.
I'm your opinion" asked Mr.. Delmas
IN view OF the knowledge you ac
quired as to the mental condition o
Thaw from the four visits you made Il
him, did he know that the act set fortl
In the indictment was Wrong?"
Mr.. Jerome's objection was sustained
Mr.. Delmas repeated the question II
various forms. He was met each tim,
with an objection from the district at
torney which Justice Fitzgerald In
Yariably sustained.
He then announced that as the resul
of the consultation Of counsel he wa
ready to accept Mr.. Jerome's offer 70
DR. Hamilton to tell all he knew abou
the case OF Harry Thaw.
IF counsel wishes to conduct a full
i inquiry. including hypothetical ques