The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-03-20
jerome Wants to Show That
Defendant Is Insane.
LUNACY COMMISSION.
May YetBe Determining Factor
in the Case.
No Formal Application But Is
Left to the Court.

drew the Offer OF the letter which he
wanted to put il evidence yesterday af-
ternoon, written by Harry Thaw to j.
Dennison Lyon, a banker of Pittsburg.
Following this Mr. Delmas turned to
the clerk and said:
call DR.. Allan McLane Hamilton"
DR.. Hamilton is the alenist who has
been under subpoenas by both the de-
fense and the prosecution al various
stages of the trial DR.. Hamilton has
stated the belief that Thaw not only
was insane when he shot and killed
White but has remained so. He does
net appear as an employe of either the
state Hr the defense. he has publicly
declared. but has held himself ready
TO take the stand at any time and give
impartially the results of the examina-
tion he made of the defendant shortly
after the tragedy. At that time he was
engaged by the attorneys for the de-
fense. but when Judge Olcott left the
case DR.. Hamilton also withdrew.
DR.. Hamilton. after qualifying as an
experts, under Mr.. Delmas question
ing. said that with other alienists he
had seen Thaw soon after his incarcer-
alton.
Was there any medical or physical
examination at that time?' asked Del
There was medical examination as
far as it went, replied Or, Hamilton.
What was that examination"
Jerome q once objected.
This is a reopening of the whole
case" he argued. DIR. Hamilton's evil
dence has no place here. 1t belongs in
the case in chief and not in rebuttal.
DR.. Hamilton has been here all the
time and could have been called at any
time"
THE district attorney replied Del
mas, has on several occasions called
your hoHor's attention to the fact that
he is a quasi judicial officer. He has
TO right to come in here now and at
tempt to shut out the truth in"
Jerome Flares Up
THAT is not so.' broke in Jerome, "if
the objection is made on that ground,
I will withdraw my objection am
perfectly willing to reopen this whole
case and let all the Truth come out on
croSs- -exaTnina ten. But If IL is the pur-
pose to bring out only part of the truth
I shall certainly object
I have no stipulations to make with
the district attorney" said Delmas.
Then it is you who do not want the
truth to come out" said Jerome.
Delmas went On to argue that the dis
trict attorney had himself subpoenaed
DR.. Hamilton.
Certainly I did said the district
attorney. I have subnoenaed Mrs. .Thaw
and a dozen more witnesses whom |
have not called. 1 have subpoenaed
them that they might be here il want
ed whether by myself or by the de-
fense.''
Mr.. Delmas insisted that Mr.. Jerome
had definitely promised to call DR..
He has hot redeemed bis promise to
your honor said Mr.. DelmaS, when
he was invoking a rule from you by
declaring he would call DR.. Hamilton.
We propose to prove by this impartial
witness that when this alleged crime !
was committed this defendant was in
sane and could not know the nature or
quality of his act or that the act was
wrong"
Mr. Delmas called attention to the |
fact that James Clinch Smith was al |
ttoT of
tion after the prosecution had closed |
its case in chief.
District Attorney Jerome. replying to |
Mr.. Delmas. declared counsel had made |
many unjust and unfair insinuations |
against him.
Your honor knows" he said, that
when DR.. Hamilton made his examina- |
ton of this defendant he was acting |
for the defendants counsel, and with /
out an expressed waiver of privilege /
from the defendant. would be estopped /
from asking a single question. You /
will remember the privilege when DR.. |
Carlton Flint took the stand; when |
Attorney Longfellow took the stand !
and when Mr.. Hartridge was called |
upon for information.
Wants All the Truth.
'I offered to waive all objection to
DR.. Hamilton testifyinG long as he |
was allowed to tell all But I wanted /
the stipulation that the district attorney
must not be estopped on cross-eXamf-
nation from getting at the truth cf
this story / want all the truth in this
case The learned counsel from the Pa
cific slope offered to throw open the
doors at the beginning of the trial but
when 1 put the photograp pher on the
stand to fix dates by which 1 could
prove an alibi for Stanford White. the
doors were shut tight"
Mr.. Delmas repeated his arguments
and after re had finished, Justice Fftz-
gerald said:
This is rot a discretionary matter.
On the record in this case / must rule
according to the law The objection Is
sustained"
Mr. Deln.as offering to state as a
matter Of discretion what he intended
to prove by DR.. Hamilton. Mr.. Jerome
again objected but Justice Fitzgerald
instructed Mr.. Delmas that he might
state in general what he wished to
prove but that he might not go into
facts.
Now. your honor" said Mr.. Delmas.
to the question to this witness on pure
" legal grounds, 1 appeal to your dis
cretion-"
L have already said" interrupted
Justice Fitzgerald, that I have abso-
lutely no discretion the record of
this case. 1 must rule according to
the law"
Mr.. DeIrnas said that as Justice Fitz-
gerald had ruled on only one question
put to the witness. he would proceed
to ask others. and did so.
How many visits did you make to the
defendant, doctor?" asked Mr.. Del
mas.
Hamilton said he had visited Thaw