The daily morning journal and courier., 1907-03-21
MADHOUSE LOOMS UP
 BEFORE THAW'S VISION
(continued from First Page.l

The argument which ensued became so pertinent to the question of the pres enlt sanity or insanity of the defendant that Justice Fitzgerald ordered the jury to retire from the room. Then the dis cussion took on that broader range which resulted in the courts determin- alton 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
 "If the real facts were known de- clared MT. Jerome, q have no right to be here trying this man for his life. But the knowledge I have cannot be put in legal form before the jury. It is mostly hearsay. But if I could get the facts before you they would shock and horrify the conscience of the court and instantly this case would be dropped. So deeply have I been impressed with this that I have served notice upon the counsel of record that if when this trial is concluded I find that they were in possession of facts which I believe to- be in their possession, I shall call the matter to the attention of the appellate division of the supreme court. I feel very bitterly about this matter, There is not man who has watched this de- fendant sitting here at this table that does not know that as he sits there he is incapable of advising counsel. This, under the statutes, it becomes the duty of the court to stop the proceedings"
 MT. Delmas sought to have MT. Jerome place himself on record as for mally applying for lunacy commits sion, but the district attorney would only repeat that he was directing the attention of the court to matter which might appeal to his conscience. MT. Jerome said that Drs. Bingaman and DeenDar, two of the Thaw family phy- sicians had told him facts concerning epilepsy on both side of the prisoners family, but the defense had failed to bring out these matters in the testimo- ny.
 T submitted to the alienists sum moned by the state all the facts in my possession" said Mir Jerome, land they one and all informed me that the defendant is suffering from a disease called paranoia, the chief characteris- tics of which are insane delusions; that acting under these insane delusions he killed Stanford White but that within the legal definition of insanity he knew the mature and quality of his act and knew the act to be wrong"
 Justice Fitzgerald wanted to know if the alienists had informed the district attorney of their opinions before an swering the long hypothetical question in court MT. Jerome admitted that they had The evidence he submitted to them had not been adduced in court, however, and he could not put it in the hypothetical question.
 "Now that they have put Dr. Hamil- ton on the stand explained MT. Je- rome, T have my first opportunity of laying before the court sworn testimo- ny in matter of character which may demand the attention of the court. For the first time we have the real evil dence before us and want it all to go in. Your honor will support me in the claim that ever since this trial be- gan I have struggled to have the doors opened wide that all the facts might be brought out. But I have been met with objections and legal restrictions everywhere"
 MT. Delmas replied that 1t was strange if the district attorney had so long possessed the information he was stating to the court that he had per sisted so long in prosecuting to his death man whom he believed to be 1 insane in the eyes of the law because he could not communicate intelligently with counsel. AS to the charge of un- professional conduct he had heard il for the first time to-day, MT. Delmas continued He further said that the de- fense has called to the stand Dr. Ham i1ton, the man whom the district attor- ney said knew more about the case than anybody else, and was proceeding to interrogate him when the district at. | torney objected.
 Here MT Gleason interposed himself in the discussion. He rejected the dis trict attorneys assertion that ThaV was unable to advise his counsel ant declared it was the duty of the cour to submit that question to the jury
 "The court will have to determine its | duty for itself" replied Justice Fitz- gerald.
 MT. Gleason next demanded, before
 the proceedings went any further, that
 Dr. Hamilton be interrogated as tC
 whether or not he thought Thaw capa-
 ble of advising his counsel. Justice
 Fitzgerald allowed the question, and
 the witness promptly replied that he
 did not think Thaw was capable of ad.
 vising his counsel at the present time
 The doctor said further that he had SC
 reported to counsel in the case.
 Justice Fitzgerald demanded that
 counsel on both sides submit to him to-
 morrow all the evidence they possessed
 touching upon the sanity or insanity O
 the defendant. If the defense did no
 desire to do this, he said, he could no
 compel it, and would have to proceed
 without such evidence from them tt
 combat that to be offered by the dis
 trict attorney. Justice Fitzgerald fur
 ther said that if professional privileg,
 was placed in bar of any testimon!
 Dr. Hamilton had to offer, it would b.
 construed as meaning. that the defens
 did not desire the testimony to go int,
 the record.
 | JuStipa Esitzperald even went So fa