The sun., 1907-04-03
THAW HEARING NEAR ITS END.
DIR. HAMILTON TESTIFIES THAT
PRISONER rs INSANE.

NtuNWBDu AuCuAC1A nAh4 hEaAA INSANITY
The commission which will decide whether
Harry X. ThAw u now able to advise with
his counsel will finish its work to-day. All
that remains for the commission 20 do is
70 hear the testimony Of one or two more
witnesses and make a physical examination
OF Thaw. This examination will be made
this morning. Only the members Of the
onmission--David Mcclure. Peter b.
olney and DR.. Leopold Putzel and the
stsnographer will be- present. Lawyers
for both sides viii be excluded
On the commissions report will depend
whether Thaw goes to the asylum for the
criminal insane at Matteawan or whether
his tfial is resumed. There was no indica-
tion from the commission as to whether
IL will make its decision known to-day.
Tho Thaw jurors have been ordered to
report in Justice FitzGerald's court to-
morrow morning.
The commission held very long session
yesterday. sitting from early in the morning
until 7 o'clock last evening. Several alien
ists testified for the prosecution. Some
OF them swore that Thaw is a paranoiac
and in their opinion incurably insane;
certainly that he is not able intsdigently to
advise with his counsel. Some of them
formed the opinion that Thaw was insane
long before they testified at the trial that
he knew the nature and quality of his act
and that it was wrong when he killed Stan
ford White. but they explained that there
was a difference between medical insanity
and le gal insanity as defined in the statute
and that there was no other way that they
could have answered the hypothetical
question framed by Mr. Jerome.
For the defence there were experts 10
swear that Thaw is now able to advise
with his counsel, that while he was insane
when he killed White he is now sane, and
in the opinion of some Of them he has never
had paranoia. But three OF the defence's
alienists declined 70 say whether or not
Thaw is now of sound mind, on tho ground
that they have not been able 70 make a
sufficient examination Of him.
District Attorney Jerome scored victory
at tho start of the proceedings by getting
In the testimony of DIR. Allan Mclane
Hamilton, who st one time was an expert
for the defence. Both sides went into
court ready for battle on this iRsre ard it
was apparent at the start that Mr.. Olney
was against Mr.. jerome. DR.. Hamilton
wanted to know right of IL the matter Of
personal privilege had been disposed Of.
y
examination would have TO be limited 70
observations since the beginning OF tie
trial, but Mr.. jerome announced that h
would not go on under that understanding.
Mr.. Olney remarked that il the personal
privilege was waived it was not In the pres
snce OF the jury, 40 IL didn't count. There
was more argument when Mr.. Mcclure
announced that he and DIR. Putzel had
decided 10 hear DR.. Hamilton.
Part of DR.. Hamilton's story has been
81 80 l,aa& ,pafv,a ftfNVRv kuy,,
days after the shooting. Thaw was dazed,
sxcited and nervous. His face was muddy
The examination was in the library In the
Criminal Courts building. and DR.. Austin
Flint was present. Thaw spoke OF know
ing the latter's son and asked that a cigar
be prescribed for him. He said he had
met DR.. Fhnt's son in Canada. where he
had been, and where the hotels were not
very good. He was asked TO talk about
the killing. but he said What's the use.
it's all over now.
DR.. Hamilton made another examination
the next day in the Tombs Thaw came
into the room and refused TO talk. The others
who were there left at the request of DR..
Hamilton. Thaw looked under the bed
and then threw himself on it. He said I'm
not crazy" Then he began to talk. He
did not mention Whites name, but he
declared that he had done a good thing
by killing him, that the community would
praise him and that he deserved the thanks
OF the community for doing noble act. At
no time did Thaw show remorse.
On oross-exAmination Lawyer Hartridge
tried 20 show that DR.. Hamilton only had
ono idea In his mind-to get Thaw to Matte
AVIAN DR.. Hamilton said he told Mr..
Jerome last summer that he believed Thaw
was insane. He wasn't violating the con-
fidenoe Of his patient then, as he had the
consent Of ex-Judge Olcott, of Thaw's
counsel. He also told some newspaper
men that he believed Tha% was insane,
but ne was violating confidence then-it was
similar to trying to save man from suicide,
and he didn't think that Thaw was being
properly defended.
Or. Hamilton said he got a retainer in the
case and then withdrew from 1t. He
started suit. but stopped the action when
but he considered that it was on account Of
what was owed to him. For time he
didn't know who Thaw's lawyers we're, and
he wrote to Mrs. William Thaw several
times, but she never answered.
do you think you are helping Thaw
now?s asked Mr.. Hartridge.
4 think am helping the defendant and
the community said DR.. Hamilton.
Thaw has chronic delusional insanity.
which is paranoia, and paranoiacs do not
recover. DR.. Hamilton said. after swearing
that Thaw was not capable OF advising with
his oounsol The witness told DR.. Putzel
that Thaw did not appreciate the gravity Of
the situation he was in. His actions in
court did not appear rational. For instance,
when one of the witnesses broke the pistol,
illustrating what Thaw had done after the
killing, Thaw laughed. He had no logical
conception Of what was going on around
him.
During the examination DR.. Hamilton
produced q letter which Thaw gave him
and which was intended for publication in
the newspapers. Il has been printed be-
fore 1t is weird epistle. 1t referred 70
White (not by name) and young girls. In
his conversations Thaw spoke Of the con-
pplraCy between his counsel, District At
torney Jerome and others TO send him to
Matteawan.
Chairman Mcclure took up the examina-
ton and his questions seemed 70 indicate
that. he felt that Thaw had good reason TO
believe that his counsel and others. inolud-
ing DR.. Hamilton, felt that he ought to
be In Matteawan. What DR.. Hamilton tried
20 explain was that Thaw believed the
object Of tho conspiracy TO send him TO an
AEylun and prevent trial was to head on
disclosures that would hurt the memory Of
Stanford White.
There wore several other Witnesses at
{ he morning session who have taI1ned with
ThAw in the Tombs. They weHa p1, y A.
Mcclure, the Tombs physician, MidARel j.
Delnhunty, q prison guard who has had
charge OF Thaw at the trial, Franklin j.
sheridan, another prison guard, Emily $.
Walker, a Tombs missionary, the hAV.
John A. Wade and Father Luke j. Evers.
None Of them had seen Thaw do anything
insane. DR.. MCGUIRE said he had seen
I haw number Of times, but he had never
seen him do anything irrational or alb
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