The Montgomery advertiser., 1907-03-21
Bomb Thrown In De- fense's Camp. DELMAS PAVED WAY FOR
 THING MOST DREADED District Attorney Declares Whites Slayer is Now Insane. Court Takes Preliminary Steps Toward Securing Lunacy Commission, Saying That Action is Taken
 on the Dictates of Con-
 science.

New York, March 20.--The blow which Harry K. Thaw has been in terror of ever since his trial for the murder of Stanford White began, fell today.
 District Attorney Jerome did not make formal application for the ap- pointmnt of a commission In lunacy but in an impassioned speech he ap- pealed to the conscience of the court, asserting that Thaw as he sits daily in court, is unable intelIigently to ad- wise his counsel and is believed by every one who has watched end come into contact with him to be insane. Mir. Jerome asserted that his own aiienists--the six men who testified for the State, were convinced when they had considered all the facts in connection with the case, that Thaw was of unsound mind.
 Mir. Jerome dramatically accused the counsel for the defense of con- cealing testimony which. if presented to the court, would make the contin- uance of the trial crime.
 So earnestly did he plead that Jus tice Fitzgerald dismissed the jury un- til Friday morning and adjourned court until 9 o'clock tomorrow after noon when in the absence of the panel he will consider whatever evil dence either side has to offer and de- eide whether the trial shall so on or whether a commission in lunacy shall be appointed to pass upon Thaw's mental condition today
 Thaw's Counsel Surprised.
 The scenes attending the adjourn ment of court shortly after 1 o'clock were dramatic and exciting. Thaw's counsel seemed taken utterly by sur prise This was expected to be the last day of the trial except for the summing up before the jury. Soon after, the three cornered discussion among Justice Fitzgera1d. District gan. Thaw's five other attorneys gath cred one by one around the judges desk and for time seemed intent upon denying what the court had term ed the charges of unprofessional con- duct brought against them by pros ecuting officer.
 Thsw. dejected. sat deserted at his usually pale and somewhat haggard when he came into court at the be- ginning of the morning session, hav- ing complained of fatigue and rest lessEess. When the district attor- ney and Mir. Delmas began their usual morning skirmishes, soon after the trial started, gThaw's spirits seemed
 
 humor at some of the passages.
 As the argument began to take on a more serious phase, however, the pris- oner sat deply concerned. He flushed crimson as one by one his attorneys left him to rally to the support of Mir Delmas, who, however, in the midst of the proceedings was superseded by Attorney Gleason Thaw bit his nails, opened and closed his hands nervous 1y and finally sank down in his chair In an attitude of utter dejection. In an adjoining room where they could hear the excited and uplifted voices of counsel wrangling one with another stood Mrs. William Thaw. the mother and Evelyn Nesbit Thaw@ the wife, who barred the secrets of her soul in the effort to save her husband from the electric chair and from the fate which he declares he dreads more, the mad house.
 AIienist Brings Climax.
 The climax of the nine weeks trial was .precipitated by the action of the defense in calling to the stand Dr. AL len McLane Hamilton. the alienist, who was first called into the case by Thaw.s original lawyers. Black, OIcott, Gruber & Bonynge, but who was dismissed together with them, when he reported Thaw was suffering from a form of paranoia which might never be cured.
 It was the intention of Mir. Delmas to tnterrogate Dr. Hamilton only with reference to four visits he made to Thaw in June last. MT. Jerome prompt- ly objected to this course He said if pr. Hamilton was to testify at ali he must tell everything he knew in connection with the case. including the defendant's family history. The arRu- ment which ensued became so perti- nent of the question of the present .R that Justice Fitzgerald ordered the jury to retire from the room.
 Then the discussion took on that broader range which resulted in the courts determination before proceed ing 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 10 give to the court in strictly legal form.
 If the real facts were known, de- clared Mir. Jerome, T have no wight 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 stop ped. So deeply have been impressed with this that I have served notice on the counsel of record that when this trial Is concluded find that they were in possession of facts which I believe to be in their possession, shall call the matter to the attention of the ap- pellate division of the Supreme Court.
 Expresses Bitter Feeling.
 T feel very bitterly about this mat ter There is not a man who has watched this defendant sitting here at this table that does not know that as he sits there he is incapable of ad- vIsing counsel. Thus under the stat utes 1t becomes the duty of the court to stop the proceedings"
 MT. Delmas sought to have Mir. Je- rome place himself on record as for mally applying for lunacy commis- sion, but the District Attorney would only repeat that he was directing the attent ton of the court to a matter which might appeal to his conscience