New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-21

Sought 20 oneF N evidence yesterday.
The court ruled against any examination Of
DR.. Hamilton on matter of law, but refused 10
rule on a matter of discretion Mr.. Delmas de-
sired TO explain what lie wished 10 prove by the
alienst's testimony. and again Mr.. Jerome OBJ
Jected. After long argument back and forth
the District Attorney asked that the jury be eX
oused he could argue to DR. Hamilton's
testimony. This allowed, for the first time
in the trial AIr. Jerome said:
?Iy understanding Of the case is this. that imme-
gliiely after the killing of Stanford White oy
,n ~. ~ Ia, Ti va scisiie, in
mental diseases: that he did examine the condition
port in writing to his then counsel Mesyrs Black,
Olcott & Grubor copy Of which has been turned
over - the present counsel Tor tH@ defence; tlat
2r Allan McLane Hamilton learned through he
essential and material facts in regard to tie family
BATS mothers side. IA which If stated in cyl
rho basis Of his expert opinion and would form the
oasis Of serious, most serious, eNlGonce -,
was Of tho opinion that he was Of unsound mind
during or rather prior 10 the ilmG th2t ne r com
he committed il. and that nc IS stil today OF an
and Incapable OF properly advising his counsel on
type or form 81 insanity known as paranoia or q
jrtii :: has passed into the extreme stage or terri-
nal stage the person who mas Il knows me nature
wrons and does them under an insane delusion.
thar The matter is Tor lack Of better term called
medical insanity but that he knows the nature and
quahtE of the act ana that II IS wrong ana there
Appeals. where the court itself SAYS in it's opinion
from the insane delusons but that even II te az
lusions We're true it would not have any lustlhca-
IT, '1a 5 ne ne ~ No ~ ~ YniItorSs nojnt Of
view I understand that il allowed TO testify in full
in T raar - vb he Is informed on the fathers
cf1 md Al en 4, q
10 he TWO brothers Of the father the two CopleyS'
ana his two first cousins ard that on certain other
facts DR. Hamilton would he of the opinion or is
OF the opinion that th:s man was insane; t WaS
as he sits a the table IS now insane ana thaI
counsel ought tc have that thing lhquaf9 niiIu.
. life But. when endeavored 10 bring out from
Dr. Deemar certain facts was met 10y 9pJec'oh
OF counsel for defence. and II was eNcluutu. =,
Now. ] understand that DR.. Hamilton knows an
invited the LAYING of al! these facts II they be
facts. before the court but DO not puI p9s;,
ton and ask Dr. Hamilton about the four visits
that he made this man. and what ms OBJ, 0Pilo,.
the Of those four visits. and then wne Il ny
TO interrosate him as 70 me IaI'iis from
10 have the counsel for the defence interpose an op
lection this is not proper rebutal that II IS not
proper question to ask, and that me -.
received from Drs. Bingaman and peeinar Is neIe
Law evidence on which he cannot base ms is
and connne me the limits OF hYp6Ihe rlse
question, that IS my underst,loli.s % your honor
and that IS my invitation In the case. noul ,ICno
win bear me out in this. that from the very lllcet
lion Of case I have tried, ana tI!tu IiS-N' ~
show what the present condition OF TINS man We
Il the real facts Were known have no I;siL 20
5f hfT han the knowiedge that cannot
he put in any legal form but is mere he.iIs"S -
sn3 tbet ins.antfy The case would he stopped. So
deeply have been impressed with tnai I 1a 81,
cAllv upon counsel OF record IN this case that when
t6is case is over if it shows them have been il.
posssssion Of knowledge which ! believe TO exist
! will see that the matter is brought before me
bitterly on this because l submit that my proceed
ca3-ot get Inc evidence out 10 lay before your
honor in this case. There is not man who has
mat docs not know as he sits there that he IS IN
capable Of advising counsel Now, rs say, Il W.
Lo I,,ag, The nature and quality OF the act and
i,,S. ttr,+ n VAS wrong under this proposition he
IS guilty When the Gaynor case was taken 20 tho
Court Of Appeals it was held that he knew the
wrong. and he was brought to dealh. one OF the
To-day are trying man who, under the law
Of this state IS absolutely sane. and IS not
paranoac. ana every competent medical man non
estly giving his opinion in this case. with a fun
the nature and quality Of the act that he com
mitted and knew that II was wrong. and-stAl he
Nj DeImas objected TO the argument Of the
District Attorney. and Mr.. Jerome. in reply,
went even further. and said
I suggest upon the record through the
court that the defendant at the bar IS in that
sci On the defence on the merits ana Therefore
under The statute We are precluded from going
examination or this gentleman that
The court said:
In tho language Of the decision quoted. II is
only when the necessity OF such an examination
is sufficiently made 10 appear TO the court m
which the Indictment is pending that IL is bound
TO order an investigation. but it would be prema
ture until the subject is brought the courts at
tentiou by responsible parties 10 determine whether
its application in due faith. and the facts then
discovered are made the conditions OF the right
Of the court to institute tho STATUTORY proceeding
I want To- get an the evidence on that from rea-
Die sources. 1 VIII allow the question.
The jury was recalled and excused until Fri
day morning Mr.. Jerome then referred to
statement he had. which, he said. substantlated
his desire for the appointment of a commission.
He said:
The conversation ] have reference 10 is this.
referred to the statements made by Or. Binganaa
IN me presence OF DTs- tlnt, Mabuu and Ma
donald. ! deem il my duty suggest on the ras-
ord that the mental condition Of the defendant az
The present moment and throughout this trial mas
been such that he s incapable Of properly advis-
ing his counsel IN his defence upon the merits |
know thai j. a serious charge. lie is mentally
capable OF properly advising his counsel / mace
that statement before and, | repeat. it IA ser.-
ous 'tarSe- your honor asked me to lay before
YOU such information that subject MS 7 baye
The information from Dr. Bingamaa which has
been communicated 10 me ia tho presence Of TINS
defendants counsc! and D-s. Mabcn Flint and
Macdonald. was the maternal aunt, was epilenti0
from chndhoOd tiiat she lived 10 than sixty
years Of age. and had frequent attacks which in
creased frequently. and finally became an epilepti,
Dr. Deeinar IN the same presence Informed me-
that H. ". COpey, OF the brothers OF the ,noti-
eT, was also an epleptc That Josiah CODley an
that John Ross tie first cousin or the mother,..
SIDE. was an ereDtic and is now In an fnstftl-
ton foE the insane Though the gentlemen whom
l have called - witnesses in this case three az
whom have been constantly in court looking al the
Defendant ana studying him. have heard all tb,.
testimony Ia this ease. and there are two or three
Of them IN court; they were present immedatei.-
after the homicide and they looked the defenela :
over 10 see what his condition The ali ts