Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-03-21
Continuation of Trial a Crime
Asserts District Attorney IL
ImpaSSiOned Speech Accus-
ing Defense of ConCeaIment,
JURYMEN DISMISSED
PENDING INVESTIGATION
Justice Fitzgerald to Decide
Friday Whether a Commits
sion is Necessary to Pass on
Prisoners Condition.
Try Morning Journal Special Leased wlre.1

itOCliOl " OOllNtlhiOlii
Try Morning journal Special Leased Wire.l
New York. March 20.-The blow
which Harry X. Thaw has been in ter
ror of since his trial for the murder
of Stanford White began, fell today.
District Attorney Jerome did not make
formal application for the appoint
ment of a commission in lunacy, but
in an impassioped speech he appealed
to the conscience of the court. declar-
ing that as Thaw sits daily in court
he is incapable of advising with his
counsel anE Is believed by everyone
who has watched and comes into con-
tact with him to be insane,
Mr. jerome asserted that his own
alienists We're convinced, when they
had considered az the facts in con-
nection, with the case, that Thaw was
of unsound mind Mr.. Jerome dram
atically accused the counsel for the
defense of concealing testimony,
which, if presented to the court,
would make the continuance Of the
trial a crime.
So earnestly did Mr.. Jerome plead
that Justice Fitzgerald dismissed the
jury until Friday morning and ad-
jOurned court until o'clock tomor-
row 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 ThaWs mental condition today.
The scenes attending the adjourn
ment of court shortly after o'clock
were dramatic and exciting. Thaw's
counsel seemed taken utterly taken 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 District At
torney Jerome and Mr.. Delmas be-
gam Thaw's five other attorneys gath
cred one b. one around the judges
desk and for a time seemed intent
upon denying what the court had
termed the charges of unprOfessional
conduct brought against them by the
prosecuting officer.
Thaw. detected, sat dspirited at his
counseIs table. He flushed crimson
as one bv one his attorneys left him
to rally to the support of Mr. Delmas,
who however, in the midst of the pro-
ccedings was superseded by Attorney
John 3. Gleason Thaw bit his nails,
opened and closed his hands nervously
and finally sank down in his chair in
an attitude of utter detection. 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 Evelyn Nesbit Thaw, the wife,
who had barred the secrets of her soul
in the effort to save her husband from
the electric chair and from the fate
which he declares he breads more
a mad house. The climax of the nine
weeks trial was precipitated by the
action of the defense in calling to the
stand Dr. Allen NJ. Hamilton. the
alienist. who was first called into the
case by Thaw's original lawyers,
Black, Olcott, Gruber and BOnynge,
but who was dismissed together with
them. when he reported that Thaw
was suffering from a form of paran-
ola which might never be cured. 1t
was the intention of Mr.. Delmas to
interrogate Or. Hamilton only with
reference to four visits he made to
Thaw in June and July MIR. Jerome
promptly objected, saying that if DR..
Hamilton was to testify at all he must
tell everything he knew in connection
with the case, including the defend-
ants family history.
The argument which ensued became
so pertinent to the question of ihe
present sanity or insanity of the0de-
fendant that justice Fitzgerald or
dered the jury to retire from the
room. Then the discussion took on
more broader range, which esulted in
the courts determination before pro-
ceeding further, to have presented to
him the facts which the district at
torney 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.
"If the real facts were known de-
clared Mr.. Jerome, 81 have no right to
be here trying this man for his life
Rut the knowledge | have cannot be
nut in legal form before the jury, 1t
is mostly hearsay But If | 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 ! been i'm
pressed with this that | have served
notice on counsel of record that II
when this trial is concluded | find
that they were in possession of facts
which | believe TO be in their possess
sion. | shall call the matter to the at
tention of the appellate division OF
the supreme court. | feel very Bit
tery about this matter. There Is not
man who has watched this defen-
dant sitting here at this table that
does not know tnat, as ne SlIS tneIe'
he Is incapable of advising counsel.
Thus. under the skatutes. it becomes
the duty of the court to stop the pro-
ccedings"
Mr.. Delmas sought to have Mr.. Jer-
ome place himself on record as for
mally applying for a lunacy commits
sion. but the district attorney would
only repeat that he was directing the
attention of the court 20 a matter
which might appeal to his conscience.
Mr.. Jerome said that Drs. Binga-
man and Deemar two of the Thaw