The Mena weekly star., 1907-03-28
.FOR LUXACY COMMISSION
Justice Fitzgerald to Decide Wheth- CT Harry Thaw Shall be Exam
 ined as to His Sanity.
ENTIRE MATTER LETT TO THE COURT
District Attorney Jerome Stated in Court Alienists for State Had Told Him that Defendant Was Suffering From an IncurabIe Form of Insanity.

New York, March 21.--The Thaw trial opened Wednesday with de cided surprise. Attorney Delmas for the defense withdrew the offer of the letter which he wanted to put in evi. dence Tuesday afternoon, written by Harry Thaw to ]. Denniston Lyon, a banker of Pittsburg. Following this Mir Delmas turned to the clerk and said:
 Gall Dr. Allan McLane Hamil- ton"
 Dr Hamilton is the alienist who has been under subpoenas by both che defense and the prosecution at various stages of the trial Dr. Ham. ilton has stated the belief that Thaw not only was insane when he shot and killed White but mas remained SO He does not appear as an em- ploye of either the state or the de- fense he has publicity declared, but has held himself ready to take the stand at any time and give impar- tially the results of the examinations he made of the defendant shortly after the tragedy At that time he was engaged by the attorneys for the defense but when Judge Olcott left the case Dr. Hamilton also with drew.
 Mir. Delmas asked questions of Dr Hamilton regarding Thaw's insanity in various forms He was met each time with an objection from the dis trict attorney which Justice Fitzger- ald sustained.
 He announced that as result of consultation of counsel for the de fense he was ready to accept MT. Je- rome's offer to tell all he knew about the case of Harry K Thaw.
 At this point Justice Fitzgerald said he thought the jury should re tire. They did so and MT. Jerome be. gan an impassioned address to ths court in an effort to snow what his offer to withdraw his objections ana allow Dr. Hamilton to testify was based on.
 NdnI tO CADidih oho hiNiNN my position clear. As I understand the matter Dr. Hamilton, who was orig .rally called into the case by the de fcnsc. is ready to testify that in his opinion this defendant was insane, that he was of unsound mind when he committed the homicide and that as he sits at the table today he Is euffering from mental disease known as parapoia, disease in which the safferer until the last stages of the disease is capable of knowing the nature and quality of his acts. l un- dcts,and that Dr. Hamilton so ad, viscd the defendants counsel and that hls counsel was then discharged.
 'i am willing to throw open the door wide and ask to let all these facts come out but I will not agree to MT. Delmas' confining his questions to laese four visits and keep me down 10 the close limits Of evidence ana ret be allowed to go into the real facts of the case.
 "Your honor Lnows," cntinued Dis frict Attrney Jerome, what my posi-. ton here has been all along. We have no right to be here trying this man If the real facts are known. Your !lcncr knows that l have tried ever since this case opened to bring out these facts and that I have not been able 10 do so.
 "lf the real facts as to the mental condition of this defendant can be h ought out the court would be shocked and mortified and would stop ,he trial instanter So deeply have I h.eu impressed with all this that have served notice on the attorney Q. record that when this case is over k am convinced that they possess the facts that I believe they possess, will lay the matter before the ap- Dellate division of the supreme court,
 There is not a man who has seen this defendant sitting there at the ta- ole who believes he is capable of ad yising counsel. We are today tryins a man who is insane, while under the law he is sane He is a paranolae and while he Is insane he is not h sane in the eyes of the law, for, strlcl ly speaking, he knows the nature ana quality of his acts.
 "A man named Taylor went to death under exactly similar circumstances. The appellate court said that he was insane but he was paranoiac' ana while his act was committed as the result of a delusion. this delusion was not such as would have made his act justifiable had it been true. If was one of the most gruesome acts the law has ever done
 "In five minutes time. continued MT. Jerome, T can show that this man is incapable of advising his coun- sol as he sits here in court. l VIII present facts which will prevent this trial from going further"
 "In view of the statement made by inc district attorney" said Justice cRAgTREE March Twentieth. Fitzgerald, q now ask that be gwen all the information in the possession of either counsel--all the evidence as to the defendants present state or mind which can be presented to the court do this before instituting the nroceedings I understand have beeh asked for.
 Mr Delmas wanted 10 know II
 .-,o. A l,nacv was under dis