Daily press. [volume] (Newport News, Va.) 1896-current, 1907-03-22
Question Of Having a LuRacy Com.
mission Appointed for Harry
ThaW Not Settled.
TO ANNOUNCE DECISION ON MONDAY
There Will Be a. Brief Session This
Morning When More Atfidawits
Will Be misunderstanding Fitz
gerald Would Not Allow Hartridge
to Talk.
(Dy Associated Press.)

NEW YORK March 2l--Distrct
Attorney Jerome today presented 10
Justice Fitzgerald eight afidavits III
support of the suggestion he made
Yesterday in the case of Harry *.
Thaw. that the defendant IS now i'll
such state CT .lunacy or insanity
MS TO be incapable of understanding
the proceedings againsi him or
making his defense. The court was
in session for less than an hour,
Dolphin Delmas for the defense,
stating that their answer to the
district attorneys proposition was
not ready.
Justice Fitzgerald allowed both
sides until Saturday afternoon at
o'clock to file such affidavits as
court. There will be no further
hearing in the matter of the ap-
pointment of a lunacy commission
unless Justice Fitzgerald so decress
after considering such ,afiidavits and
exhibits as are to be offered. Neither
the jury nor Thaw was in court
today.
The jury having been excused till
tomorrow morning at $3.50 O'Clock
when there will be a. brief session
at that time and a formal. nd
ournment. until Monday morning an
nounced. BY Monday Justice Fitz.
gerald Is expected TO be ready to
announce HIS decision.
District Attorney Jerome pleaded
today TO" permission to examine
DR.. Alan Mclean Hamilton orally
but in the absence of waiver of
professional privilege on the, part OF
the defense, Justice Fitzgerald add
nj e.fo tIot H.
judicial notice OF everything which
had been adduced in evidence dur
ing the nine weeks of the trial.
DR.. Hamilton. it will be remem.
'bered. on yesterday, testified that
in his opinion Thaw is not at pres
emit capable of directing his defense,
This question Was put to Doctor
Hamilton by Attorney Gleason OF
tho defense, and MIR Jerome now
contends that the defense thus
waived the matter of professional
privilege.
Justice Did Not Want an Argument
The refusal of Justice Fitzgerald
to allow Doctor Hamilton to be
inerroeated in the proceedings to
enlighten the conscience Of the
court as to its duty in appointing
a commission of lunacy or order
ing q resumption of the trial, was
interpreted in various ways by
those In court today. The. attaches
OF the district attorneys office were
inclined to the belief that Doctor
Hamilton having already stated his
opinion to Justice Fitzgerald, the
latter deemed 1t unnecessary to
precipitate an argument as to the
waving of professional privilege
The defense seemed inclined 10
the view that Justice Fitzgerald
had held Doctor Hamilton's ev:.
dence could not be taken into con.
slderation and that consequently the
district attorneys position was ma
terially weakened.
Doctor Hamilton was first called
into the case by ..Thaw's lawyers
and it was while he was in their
employ that he made his examina-
ton OF the defendant. Under the
law he cannot testify without an
express waiver from the man who
was his patient.
MIR. Jerome's affidavits submitted
today embraced the opinion of his
seven experts who have heretofore
testified and a statement by Irwin
S. Cobb, newspaper reporter, to
whom Thaw gave the text Of the
statement which he issued at the
conclusion of, Mr. Jerome'a long and
severe cross examination OF his
wife
Nh. Jerome in presenting his afii-
davits. called particular attention
to the one signed by Doctor Carlos
+. Mcdonald who after recilng
what he has witnessed in court, hts
observations of Thaw Immediately
after the tragedy and what he has
learned as to epilepsy and insanity
in various ORANGES of the Thaw
family, declares that he is firmly
convinced that Thaw is suffering
from paranoia and that while he
knew enough to realize the nature
and quality OF his act when he
shot and killed Stanford White, he
Is now and for some time past has
been incapable OF understanding the
proceedings against him.
Reporters Affidavit.
The reporter Cobb, in his affidavit
sets forth the facts connected with
Thaw's dramatic manner of issuing
his statement concerning Mr.. Jer-