The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-04-03
THAW is ALONE.
Appears Before Lunacy Commits
sion In Secret Session.
Even tho Attorneys Are Kept
Out of Rom.
WILL REPORT SOON.
Believed That Decision Will Be
Reached Today.
District Attorney Jerome Out of
Temper.
Criticlses Manner of EXAmina-
CritfcIses Manner of Examina-
tiOn of Witnesses.

New York, April 3-After hearing
two experts as witnesses today, one fol
the state and one for the defense, the
commission, which is inquiring into the
present mental condition of Harry K.
Thaw ent into executive session and
conducted it's last mental and physical
examination of the defendant. Even the
lawyers on both sides were barred from
this last sitting, the commission inti-
mating that after the mass of contra
dictory expert testimony placed before
: It, the members believed they would get
all the informa tion they required from
Thaw himself.
The commission expects to report its
conclusions to Justice Fitzgerald today.
which time the trial will proceed, or
al order will be issued committing
Thaw to the Matteawan asylum for the
criminal insane.
Says Tlaw Is Crazy.
When the Thaw Iunacy commission
went into session today District Attor-
ney Jerome called to the witness stand
DIR. Allen Ross Diefendorf, superintend-
ent of the state hospital for the insane
at Middletown, Conn, and professor of
mental and nervous diseases at Yale
university. DR.. Diefendorf testified for
the state at the trial of Thaw, declaring
the defendant knew the nature and
quality of his act when he killed Stan
ford White and knew the act was
wrong. To the commission today the
alienist declared that from what he had
seen of Thaw and the writings he had
examined he was of the opinion that
Thaw is not now capable of rightly un-
oerstanding his own position, of apprec-
1ating the nature of the charge against
him or of nationally advising his coun-
sci. ser
DIR. Diefendorf explained at some
length the q pages of suggestions made
by Thaw to Mr.. Delnas for his sum-
ming up address. and declared they
emanated from a diseased brain. The
commission asked the witness to point
out what he considered insane evidences
among the memoranda. DR. Diefendorf
pointed out one passage which District
Attorney Jerome started 20 read aloud.
Attorneys Have Tilt.
Il must protest against this" inter
rupted Mr.. Hartridge of Thaw's
counsel. Those papers were produced
for the benefit of the commission at a
secret session and the district attorney
is reading them to the reporters. 1t is
another case like the Lyon letters
from Pittsburg. They were sent here
to the clerk of the court. It was
agreed they might be copied in the
district attorneys office and then they
nysteriously appeared in the newspa-
pers."
There was nothin mysterious about
the publication of those letters said
Mr.. jerome. 'I gave them out myself
They were public documents produced
in open court
But. they had not been admitted in
evidence" retorted Mr.. Hartridge
Chairman Mcclure put an end to
the discussion by saying the Lyon let
ters were not before the commission
DIR. Diefendorf said the suggestions
made by Thaw indicated a delusional
state of mind.
Did you think he had delusions
when he committed the homicide %
asked Chairman Mcclure
Yes" replied the witness, who then
went into an elaborate explanation of
the difference between medical and Ie-
gal insanity. declaring that Thaw was
medically but not legally insane when
he killed White.
Under questioning by Mr. Hartridge,
DR.. Diefendorf said that Thaw's sug-
gestions to Mr.. Delmas showed delu-
sions similar to those indicated in the
letters which formed a part of the dis
trict attorneys hypothetical question
at the trial
con similar writings. then. you
reach the conclusion that at one time
he was sane and at another time in
sane ?" asked Mr.. Hartrfdge
DIR. Diefendorf said he would stand
on his answers He admitted he had
never personally examined Thaw but
thought him suffering from paranoia
MT McCIuresS examination.
Chairman Mcclure cross examined the
witness for 20 minutes or more in semi
secret fashion. attorneys being gathered
labout the commissioners desk and the
questions and answers being in tones
fnaudible tevond the circle. Sudden
1y District Attorney Jerome broke the
quiet by saying in a loud voice:
Il must object to the questions be-
ing put to this witness by the commits
sion. They are not proper cross-ex-
animation and if you will pardon my
frankness in saying SO. you are trying
to put this gentleman in q dishonor-
able position-Cf swearing to one thing
at one time and another thing at an
other time. You must remember he
swore upon one set of facts at the trial
and upon 8 different set of facts to-
day"
IF this witness is in dishonorable
position" Interrupted Mr.. Hartridge.
'he put himself in it. That's all there
Is to it,
The cross-examination of DR.. Diefen-
dorf was shortly concluded.
Mrs. Evelyn Nesbit Thaw was not in
the court room when the commission
began its session but made her appear
ance while DR.. Diefendorf was testify
ing. She had returned today to the
blue school girl costume of the early
days of the trial. with the exception of
the black straw sailor hat which she
still wore.
The defense asked permission to call
two more witnesse=, DIR. Charles G.
Wagner, of Bingilamton. y. Y, and DIR.
William A. White of Washington, d.
f0A Both physicians testified for Thaw