Omaha daily bee., 1907-03-21
new MOVE IN TRAW CASE
ONE Says Prisoner is Insane and Trial
Should Net Proceed.
COURT CALLS FOR EVIDENCE on POINT
Question of Lunacy Commission Will
Come UB This Afternoon at Two
O'Clock - Defendant IL
Detected.

which Harry Kendall Thaw has been in
terror of ever since his trial for the mur-
der of Stanford White began fell today
District Attorney Jerome did not make
formal application for the appointment
of commission in lunacy, but In an i'm
passioned speech he appealed to the con-
science of the court, declaring Thaw as
he sits daily in court is unable intelli-
gently to advise his counsel and is bc-
lieved by everyone who has watched and
come into contact with him to be insane.
Mr.. Jerome asserted that his own alien
lists were convinced when they had con-
sidered all the facts in connection with
the case that Thaw was Of unsound mind
Mr.. Jerome dramatically accused the
counsel for the defense Of concealing tes-
timony which If presented to the court
would make the continuance of the trial
crime
So earnestly did Mr. Jerome plead that
Justice Fitzgerald dismissed the jury
until Friday morning and adjourned court
until o'clock tomorrow afternoon. when
he will consider whatever evidence either
side has to offer and decide whether the
trial shall go on or whether commission
In lunacy shall be appointed to pass upon
Thaw's mental condition today.
The scenes attending the adjournment
of court shortly after / o'clock were dra-
matte and exciting. Thaw's counsel
seemed taken utterly by surprise. This
| was expected to be the last day Of the
/ trial, except for the summing up before
| the Jury. Soon after the three-cornered
discussion among Justice Fitzgerald, Dis
| trict Attorney Jerome and Mr.. Delmas
| began Thaw's five other attorneys gath
| cred one by one around the judges desk
and for a time seemed intent upon de-
nying what the court had termed the
! charges of unprofessional conduct brought
against them by the prosecuting officer.
Thaw detected. sat deserted at his
counsel table. He flushed crimson as one
| by one his attorneys left him to rally to
the support of Mr.. Delmas, who however,
IN the midst Of the proceedings was su-
perseded by Attorney John B. Gleason.
Thaw bit his nails, opened and closed mis-
hands nervously and finally sank down In
his chair in attitude of utter deJec-
tion. In an adjoining room, where they
could hear the excited and uplifted voices
of counsel wrangling one with the other,
stood Mrs. William Thaw, the mother,
and Evlyn Nesbit Thaw, the wife, who
had barred the secrets of her soul in the
/ To save HtT nu6Ddnu ITOEn lne 61eC-
trio chair and from the fate which he
declares he breads more-a madhouse.
Jury Sent from Room.
The climax OF the trial OF nine weeks
was precipitated by the action Of the de-
fense in calling to the stand Dr. Allen Nc
Lane Hamilton, the alienist, who was first
called into the case by Thaw's original
lawyers, Black, Olcott, Gruber and Bon
| % bYf W. bp uvaa ,,,{N1
them, when he reported Thaw was suffering
from form of paranoia, which might
never be cured. II was the intention Of Mr.
Delmas to interrogate DIR. Hamilton only
with reference to four visits he made TO
Thaw in June and July. Mr.. Jerome
promptly objected. saying If DR.. Hamilton
was to testify at all he must tell everything
he knew In connection with the case. in
cluding the defendants family history.
The argument which ensued became so
pertinent to the question OF the present
sanity or insanity of the defendant that
Justice Fitzgerald ordered the jury 20 retire
from the room. Then the discussion took
on that broader range which resulted in the
courts determination before proceeding
further TO have presented to him the facts
which the district attorney asserted had
been withheld from the jury by the defense
and which he had been unable to give to
the court in strictly legal form
UnprofessionaI Conduct Charged.
''If the real facts were known" declared
Mr.. Jerome. Il have no right to be here
trying this man for his life. But the knowl-
edge I have cannot be put in legal form
before the jury It is mostly hearsay. But
II I could get the facts before you they
would shock and horrify the conscience
of the court and instantly this case would
be stopped. SO deeply have I been i'm
pressed with this that have served notice
on the counsel OF record that II when this
trial is concluded I find that they were in
possession OF facts which I believe TO be in
their possession shall call the matter tc
the attention OF the appellate division OF
the supreme court. I feel very bitterly
about this matter. There Is not a man who
I has watched this defendant sitting here al
this table that does not know that as he
! sis there he is incapable Of advising his
$ counsel. Thus under the statutes, It be-
comes the duty OF the court to stop the
= proceedings"
" Mr.. Delmas sought TO have Mr. Jerome
place himself on record as formally ap
plying for a lunacy commission, but tn,
district attorney would only repeat tha
he was directing the attention Of the cour
to a matter which might appeal to hi
9 conscience. Mr.. Jerome said that Drs
. Bingaman and Deemar, two of the Thav
. family physicians. had told him facts con
cerning epilepsy on both sides Of the prison
ers family, but the defense had faile,
/ to bring out these matters In the testi
mony.
- Says Thaw Has ParanOia.
g Il submitted 20 the alienists summone,
by the state all the facts in my possession,
|, said Mr.. Jerome, and they one and al
$ Informed me that the defendant is suffer
ing from a disease called paranoia, tn
chief characteristics OF which are insan
: deIusions; that acting under these insan
delusions he killed Stanford White bu
. that within the legal definition OF insanit,
he knew the nature and quality OF his &C
and knew the act to be wrong"
Justice Fitzgerald wanted to know
the alienists had informed the district at
e torney OF their opinions before answering
o the long hypothetical question In court
y Mr. Jerome admitted that they had Tn
" evidence he submitted 70 them had no
-e been adduced IN court, however, and h
d could not put IL into the hypothetical cues
E tion.
4 s.Ayovv .bat thsyy haya u,,t II, Har,u,,