New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-21
THAW TRIAL STOPPED.
LUNACY BOARD NEXT.
Justice M0y AppOint Commission
TO-day to Eramine Prisoner.

The crisis in the trial of Harry X. Thaw was
reached yesterday when an abrupt adjournmenr
was taken, after a protracted morning session.
the result Of which will probably be the appoint-
ment Of commission in lunacy. The proceed
ings for the last hour OF the session were the
most sensational. probably, that have arisen
during the more than forty days of the trial
To-day. adjournment having been taken until
this afternoon, Mr.. Jerome will present 70 the
court afidavits which will embOdy his views as
to Thaw's sanity, and they will contain it Is
understood, legal application for the appoint
ment Of a commission. The defence will also
produce afTidavits seven or eight in number,
combating the statements of the District Attor-
ney. and declaring that Thaw is sufficiently sane
TO confer with counsel and consult them. But IL
an application is made for q commission. it is
believed the defence would not object. believing
that no commission would find the prisoner in-
sane.
Should Justice FitzGe-ald decide that the evil
dence placed before him warranted the appoints
ment Of commission in lunacy he would select
an alienist lawyer and a Iayman to act on
such commission. Then the trial would be ad-
iourned until the commission made its report.
This commission would have the power TO de-
clare Thaw sane or insane. Should the commits
sion declare the prisoner sane the trial would be
resumed and the case would 90 70 the jury.
insane Justice FitzGerald would order the trial
suspended pending the restoration OF Thaw's
sanity, of if the court believed him a menace TO
public safety he would commit him to an insti-
tuition. This commission would hear all evi-
denCe regarding Thaws present mental condi-
ton
THE TERRANOVA CASE:
In the trial last summer Of Josephine Ter
ranova, the Italian g:rl who killed her uncle and
aunt. Assistant District Attorney Ely made a
motion for the appointment Of a commission in
lunacy. This motion granted and Dr. Louis
Basch. DIR. William Mahon and Edward l.
Parish. a lawyer. We're appointed After ex-
animation the commission reported the girl sane
and the trial was resumed. The case went to
the jury and a verdict of not guilty was re-
turned The girl voluntarily entered a home.
1t was during the examination of DR. Allan
NIcLane Hamilton. who had been called TO the
stand by the defence. that the proposition for
/ the appointment of a commission placed be-
fore the court Dr. Hamilton formerly an
alienist retained by the defence, having been
employed by the firm of Black OlcOtt. GTuber q
Bonynge in the first days of the case He sub
sequently made report which was not pleas
ing to the defence, and when the present coun-
sci were retained was dropped. District AttOr-
/ ney Jerome heard of his testimony and got 1t FOR
the prosecution having learned that DR. Hanil-
/ ton believed that Thaw was insane at the pres
/ ent time He was subpGnaed by the prosecu-
/ tiOn some time ago and had been in court TOR
several days. but was not called Mr. Delnass
on his own initiative called him yesterday. the
/ subsequent proceedings leading up to the de-
nouement which may result disastrously for the
defence.
The defence made light OF the inferred appIs-
cation by the District Attorney. Mr.. Delnas
during the arguments which viii be made for
and against the appointment of the commission
will temporarily retire from the case and John
B. Gleason will be the counsel in charge. such
action having been agreed TO some weeks ago.
Mr. Gleason in fact took charge and made ths
principal arguments in court yesterday when
the District Attorney preached the subject
When the District Attorney said that he might
bring the action Of counsel for the defence be-
fore the Appellate Division there was storm
OF protest, in which Mr.. Gleason led
JEROME MAKES CHARGES.
eff the knowledge that I have said Mr.
Jerome. could be placed in legal form. it would
50 shock the court that the case would be m
stantIy stopped. I have served notice on this
defendant and his counsel that if can show tEaI
they had certain knowledge in their possession I
would lay the matter before the Appellate DIVE
sion of the Supreme Court"
Mr.. Gleason jumped UP ami replied to this
statement. saying that if he was allowed TO ex-
anime Dr. Hamilton he would prove the District
Attorneys statements 10 be in error He re-
ceived the privilege. and asked Dr. Hamilton
if he believed Thaw to be incapable.
Il believe he is incapable" the alienist re-
piled.
Did you state SO to any Of his cOunsel?''
asked Mr., Gleason
Il did" replied DR.. Hamilton
Did you tell it 10 me?'' continued Mr.. GlsA-
son.
Il did" was the alienist's reply.
These replies took Mr. Gleason aback, and
later his partners in The case accused him Ok
having put his foot in it,
MR. GLEASON'S EXPLANATION.
Mr.. Gleason, after the days session, made the
following statement in explanation OF his atti-
tude and that of the defence:
have consistently refused since the begin
ming 10 make any statement whatever eNcepc
the written statement in July explaining ta9
reason why / obtained the writ OF prohlbitlons
and this refusal has been in face OF many state
ments in the press of which have had SoOd
reason to complain personally
Dr. Allan McLane Hamilton was called BY
MIR. Deimas this morning as a witness, ana was
asked by him To tell all he knew with relefence
to the insanity of Thaw. The doctor for some
time has been acting as an expert for the
defendant and had been subpRnaed by the Dis
tricJ Attorney. After DR. Hamilton had been
asked the question Mr.. Jerome assumed to know
what DR. Hamilton would say. and declared the
question of the commission should be cOnsid-
cred and claimed that DR. Hamilton said, in
substance he did, that in his ODiniOn Mr. Thaw
not able at present time TO instruct hts
counsel
Matters had gone so far that it was neces-
sary for counsel FOR the defence 20 firmly state
their position that Thaw is able TO instruct his
counsel and has the right to be defended be-
fore jury.
to have much more decided view to the
insanity of Thaw than other experts. but tho